This form serves as notice that the Seller has agreed to sell, and Buyer has agreed to buy a specific property. Record this instrument when a Land Contract has been completed. This is done for a variety of reasons.
A Memorandum of Land Contract serves as a notice to the "world" that a specific property is under a seller-financed purchase agreement.

Often used when parties want the details of a Land Contract to be kept private.

Why a buyer needs a recorded Memorandum of Land Contract. It is important to prevent loans or encumbrances being placed on the property by the existing Deed holder. Encumbrances have been placed on properties even though the Contract states they can't. This can be devastating for a buyer who has made payments. For protection either the Land Contract document or a Memorandum of Land Contract document should be recorded.

Why a Seller needs a recorded Memorandum of Land Contract. When owner financing is involved, and a buyer needs to finance property at a later point in time, a Lending Institution will most likely require a recorded Memorandum document. Further, banks like to see a history of payments, at least 12 months, often referred to as "Seasoning" a recorded Memorandum proves the subject property was under contract at a specific time.

(Michigan MOC Package includes form, guidelines, and completed example) For use in Michigan Only.

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