Elkhart County Memorandum of Contract Form (Indiana)
All Elkhart County specific forms and documents listed below are included in your immediate download package:
Memorandum of Contract Form
Fill in the blank Memorandum of Contract form formatted to comply with all Indiana recording and content requirements.
Included Elkhart County compliant document last validated/updated 10/18/2024
Memorandum of Contract Guide
Line by line guide explaining every blank on the Memorandum of Contract form.
Included Elkhart County compliant document last validated/updated 9/3/2024
Completed Example of the Memorandum of Contract Document
Example of a properly completed Indiana Memorandum of Contract document for reference.
Included Elkhart County compliant document last validated/updated 9/3/2024
The following Indiana and Elkhart County supplemental forms are included as a courtesy with your order:
When using these Memorandum of Contract forms, the subject real estate must be physically located in Elkhart County. The executed documents should then be recorded in the following office:
Elkhart County Recorder
117 N 2nd St, Rm 205, Goshen, Indiana 46526
Hours: Mon 8:00 to 5:00; Tue-Fri 8:00 to 4:00
Phone: (574) 535-6756
Local jurisdictions located in Elkhart County include:
- Bristol
- Elkhart
- Goshen
- Middlebury
- Millersburg
- Nappanee
- New Paris
- Wakarusa
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Elkhart County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Elkhart County using our eRecording service.
Are these forms guaranteed to be recordable in Elkhart County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Elkhart County including margin requirements, content requirements, font and font size requirements.
Can the Memorandum of Contract forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Elkhart County that you need to transfer you would only need to order our forms once for all of your properties in Elkhart County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Indiana or Elkhart County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Elkhart County Memorandum of Contract forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
A "Memorandum of Contract" in Indiana is a legal document used to provide public notice of a contract or agreement concerning real estate without revealing the full details of the contract. When recorded in the county where the property is located, it serves as a way to notify third parties, such as potential buyers or lenders, that there is an existing contract or agreement related to the property.
IN Code § 36-2-11-20 Sec. 20. (a) As used in this section, "contract" means an agreement for a seller to sell real estate to a purchaser that provides for the purchaser to pay the purchase price to the seller in periodic installments, with the seller retaining record title to the real estate and the purchaser acquiring equitable title to the real estate.
Purpose: The primary purpose of a Memorandum of Contract is to secure the parties' interests by making the existence of a contract public without disclosing the full contract terms. Use this form for real property purchase agreements.
IN Code § 36-2-11-20 (g) A memorandum of a lease or a memorandum of contract may be recorded in lieu of the lease or contract itself if the memorandum is executed and acknowledged by the parties and contains:
(1) the names of the parties;
(2) the term of the lease or contract;
(3) any option of the lessee to renew or extend the term of the lease or of the purchaser to renew or extend the term of the contract; and
(4) the specific legal description of the real estate, or a survey or plot plan authorized under subsection (i) showing the location of the real estate.
(h) A memorandum recorded under this section may also contain any other agreement made between the parties in the lease or contract.
Statutory Basis: Indiana has statutes governing the recording of documents affecting real estate. Indiana Code § 32-21-4 provides general guidelines for recording instruments, including those affecting real estate interests. Specific requirements may vary based on the type of contract and the county.
Effect of Recording: Once recorded, the memorandum places a cloud on the title, meaning any future buyers or creditors will be aware of the existing contract. This can protect the parties from unauthorized transactions or encumbrances.
For use in Indiana only.
Termination: If the underlying contract is terminated, parties typically record a document to release the memorandum, clearing the title.
Our Promise
The documents you receive here will meet, or exceed, the Elkhart County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Elkhart County Memorandum of Contract form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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March 11th, 2022
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