Posted by Alexis (CA) on October 01, 2003 at 24:54:57:
Thanks Bill.
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 your, ?Affidavit and Memorandum of Agreement.? That’s what I gather. This makes it less convenient for me.
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 your MOA. However, I would have to additionally change your 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.
Memo of Agreement ? Can?t Record - Posted by Alexis (CA)
Posted by Alexis (CA) on September 30, 2003 at 12:36:57:
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?
CA’s “laundry list” of recordables - Posted by John Merchant
Posted by John Merchant on October 05, 2003 at 22:06:39:
I’ve fought this fight and can tell you from firsthand knowledge that CA has statute setting out just a few docs that ARE recordable, and Memo is NOT among them…so if it’s just signed & sworn by the buyer, it is definitely NOT recordable.
I’ve heard that LA County clerks are a bit pain in the a** before. I even mention that in my course! You may try filing a lis pendens instead, assuming you really intend to sue the seller for breach of contract.