Memorandum Of Agreement
I was always suspicious of those guru's and investors who pushed the affadavit and memorandum of agreement. But last week my seller was trying to get out of our contract. So I recorded an affidavit and memorandeum (i need spell checker) of agreement. It was recorded but not cross indexed with the seller. The recorder said that you never cross reference an affidavit, and only a memorandeum if both parties sign and are notorized.
So ... who out there has had a memorandum of agreement or affadavit and memorandum of agreement recorded and cross referenced with the seller? You understand that it does no good if it is cross referenced with the sellers name.
Brenda
You understand that it does no good if it is NOT cross referenced with the sellers name.
So ... has anyone done a memorandum or affidavit of agreement that was cross referenced with the seller's name?
I have not. I have, however, recorded leases, and, if memory serves, contracts for sale.
I have and they are always cross referenced by seller's name, assessors parcel number, and legal description.
It is true that a memorandum must be signed by both parties. All of my affidavit and memorandum of agreements have been signed by both parties and notarized.
This probably doesn't help you but I would consider if it is worth the fight to hold a seller to you contract. Litigation is always very expensive...however on the same token you shouldn't have your time wasted--I once had a seller pay me $1000 not to buy his property when he got a better offer.
I'm curious more of the situation and how it transpired.
GOOD LUCK