Memo of Agreement ? Can?t Record - Posted by Alexis (CA)

Real Estate Investing
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Posted by Alexis (CA) on October 01, 2003 at 24:52:10:

Through discussions with the county, it seems that I could file the Memorandum of Agreement either in the Agreement category or Memorandum category. However, it would require the seller(s)?s signature(s)?which isn?t provided on Bill Bronchick?s ?Affidavit and Memorandum of Agreement.? That’s what I gather. This makes it less convenient for me.

Thanks Kristine. The county recorder did give me the cover sheet that gives the right formatting for the county recorder stamp. You can write, ?Memorandum of Agreement? on the coversheet and attach Bronchick?s MOA. However, you would have to additionally change Bronchick?s MOA to include the seller(s) signature(s).

I might just cross my fingers and hope my seller doesn?t try to go around me. I haven?t had any indication that will happen, yet.

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Memo of Agreement ? Can?t Record - Posted by Alexis (CA)

Posted by Alexis (CA) on September 30, 2003 at 12:33:50:

I tried recording Bill Bronchik?s, ?Affidavit and Memorandum of Agreement Concerning Real Estate? ? which states a P & S agreement has been entered and a copy can be obtained by contacting me. However, a county recorder in CA said they don?t have a category for that.

They mentioned MOA ? Leasing, Agreement for Sale, etc… However, they can?t figure out where to put just the MOA. I think they want to look at CA?s requirements for the document I have.

I tried calling customer service at a title company, they are not familiar with MOA, but said I might be able to just record in under the Agreement category. Does anyone know what category to record this under in CA and how to record the MOA?

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Re: Memo of Agreement ? Can?t Record - Posted by Brad (CA)

Posted by Brad (CA) on October 02, 2003 at 23:43:39:

Funny, same thing happened to me last week. Except they told me something about the form not having an action clause to make it recordable.

Same reaction too. Well, shoot, I hope I didnt really need it!

So you just need to sellers sig too? Wierd. I’ll probably just have my lawyer do one and I’ll copy it.

Best of luck,
Brad

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Re: Memo of Agreement ? Can?t Record - Posted by Kristine-CA

Posted by Kristine-CA on September 30, 2003 at 15:35:19:

Alex: some counties in CA are real sticklers for what they will record. If it were me I’d try changing the doc to Affidavit of Agreement. My county will take an affidavit as long it as the doc is prepared properly. If you are using the free MOA from Bronchick’s site, be advised that it does not have correct notary acknowledgement copy for CA and most counties will not accept a doc with the old language. Your notary can either attach a notary acknowledgement or you can change the language and have the notary re-notarize. Also, that MOA is not recordable without a cover sheet as it is not property formatted for CA counties.

I’m not an attorney–but I’ve had my fair share of recording woes, that’s for sure. Some from using using free forms…some off of legalwiz.com

Why not ask Mr. Bronchick how he would get it recorded in CA?

Let us know how it works out. Maybe your county will be easier than mine. Sincerely, Kristine