to record or not to record - Posted by chan lipscomb

Posted by David Butler on January 15, 2001 at 22:00:40:

Hello Chan,

It’s not a question of value so much as it is directly related to the marketability of the CFD. I think Mike Moringiello’s reply to a related issue should lead you to the answer you are looking for… right down below here at:

As to language, much of the similar that we have discussed below here in relation to trust deed notes would run along the same lines for your CFD… most recent discussion at:

Hope this helps, and best of luck on your deal!

David P. Butler

to record or not to record - Posted by chan lipscomb

Posted by chan lipscomb on January 15, 2001 at 15:41:09:

i am converting a lease option to an agreement for deed in florida (mobile home and land), with the goal of selling the a/d. will it have more value if it is recorded, or less value? also, any ideas of language that might increase value would be appreciated.



memorandums, record or not? - Posted by Michael Morrongiello

Posted by Michael Morrongiello on January 15, 2001 at 23:08:27:

It is not necessary to “air ones dirty laundry” within the public records if you do not want to record the entire (AFD) agreement for deed instrument.

You can record a simple memorandum of the agreement for deed instrument in the public records that reflects and refers to the unrecorded agreement. Make sure you have the original agreement for deed instrument and that it is notarized so that it can be tendered to whomever purchases the AFD from you. (we would have interest in such an instrument).

You will be deeding out the property to the investor who purchases the AFD “subject to” the AFD. They then will be in a position to deliver title to the buyer. Note: there will be deed transfer taxes or documentary stamp taxes on the deeds, some of this expenses might be saved by using a “wrap around” mortgage instrument and then selling the wrap around mortgage instead of an AFD.

To your success,
Michael Morrongiello