Affidavit of Memorandum - Posted by Gregory Bell
Posted by Gregory Bell on November 20, 2000 at 24:00:41:
A year ago I was considering purchasing a 4-plex but there were extensive title problems that needed to be worked out. Needless to say I decided not to purchase it.
This brings me to my question: I placed an Affidavit of Memorandum on the property and then after we went several weeks beyond the closing date I decided to cancel the contract and move on to the next deal. Unfortunately I did not remove the Affidavit of Memorandum from the county deed records. Now the seller is getting ready to sell and they’ve discovered the Affidavit of Memorandum, which I thought would have expired with the contract.
Does anyone have a form that I could use to remove this memorandum from the county deed records? If so, please e-mail it to me so I can cancel it from the county records. If you want to you can paste it to this site and I’ll format it to a word processing program and get it notarized and filed promptly so the seller can get on with his sale. I’ve never had to back out of a contract before so this is a new one for me. Any and all help would be greatly appreciated!!
PS. For those who don’t know what an Affidavit of Memorandum is, it’s a form that you can file with the county deed records when you have a property under contract. This stops unscrupulous sellers from shopping your contract and selling it out from under you. I use it as insurance on just about every good deal I come across, that is, unless I know the seller personally.