Affadavit and Memorandum of Agreement ? - Posted by frank

Posted by John Merchant on September 10, 2004 at 10:23:19:

“MOA”, in my opinion, is best used by recording in deed records to (normally) block any subsequent sale, around the contracted buyer.

BUUUUT…be advised you’d better have very good, legally watertight purchase contract from owner, or YOU could be sued for slander of title.

Further, even with a MOA on record, a title co. can and sometimes does, “bond around” a MOA and allow another buyer to slip in ahead of you. I’ve seen this happen, then the MOA holder has to decide whether to sue or forget it.

By the way, MOA is not recordable in all states, as I learned when I tried to record one in CA, and found that CCCs have only short “laundry list” of recordable docs, so I had to come up with another plan for my CA deals.

Affadavit and Memorandum of Agreement ? - Posted by frank

Posted by frank on September 10, 2004 at 05:01:16:

1st question: Are Memorandums of Agreement and Memorandums of Interest the same thing?
2nd question: I had a memorandum of agreement signed by an attorney that says she accepted my bid, but sold the property to someone else. Is the MOA a legally binding contract and what is my recourse, if any?