Posted by jeff on September 20, 2002 at 16:12:32:
thank you again KC, i think thats what i need to do then. ill take a journey down that way and see whats gonig on exactly.
i checked my agreement name and it is also affidavit and memorandum of agreement, apparently i was dyslexic (that isnt spelled right is it?) when i made my original posting. LOL
memorandum and affidavit of agreement - Posted by jeff
Posted by jeff on September 19, 2002 at 15:22:48:
hmmmmmmmm, i have never used one of these things in the past, ive always just notarized the actual P&S. i thought id switch to the affidavit since its simpler and cuts down on recording fees if the actual P&S is over 3 pages, which mine is.
i took the affidavit to the court house and paid my $9 and had everything notarized. i showed proff of identity and i showed the actual P&S for proof of the agreement. a few days later i get the affidavit back with a check for my $9 and a note saying that there is no way to record the memorandum.
whats up with this? ive seen on this site about recording this instead of the actual agreement, am i doing something wrong or do i just need to go back to the P&S?
Re: memorandum and affidavit of agreement - Posted by KC Questions
Posted by KC Questions on September 19, 2002 at 16:57:51:
See if the recorder’s office will let you record it under the requirements of an affidavit instead of as a memorandum. This is how I had to do it, as they wouldn’t record it when I told them that it was a memorandum.
Re: memorandum and affidavit of agreement - Posted by jeff
Posted by jeff on September 19, 2002 at 17:32:37:
how is that done? do i simply rename the same document or is it an entirely different document all together.
i see people on here saying they reord the memorandum all the time so i figured id go for it also, i guess every state has different recording methods huh?
Re: memorandum and affidavit of agreement - Posted by KC Questions
Posted by KC Questions on September 19, 2002 at 22:19:46:
Yes, I think that every state does have different methods. When I was trying to find out the methods for my state, Missouri, I went down to the recorder’s office and had a conversation with one of the employees. She was extremely helpful, and actually gave me a copy of the sheet that they use that lists the types of forms that can be recorded and the requirements for each, like for instance whose signature has to be on them for them to be valid so they don’t get returned. I noticed that on the sheet, memorandum was not listed, but affidavit was.
My state has an all-purpose cover sheet that we use to list details about the form that we are recording. It tells things like type of form (affidavit), grantor, and grantee. The sheet showed me that a grantor’s signature is required for an affidavit. My MOA only had the signature of my company (grantee), and I told the employee that I didn’t want to have to go track the sellor (grantor) down, just to get another form filled out. The employee told me that they can’t give legal advice, but I figured out from her body language that all I needed to do for her to be able to record it was to sign on behalf of my company as grantor, and me personally as grantee, on the cover sheet.
My suggestion is for you to go down to the recorder’s office and ask a LOT of questions. If you find the right person, they will be of more help than you would have ever expected.
P.S. My form is called an “Affidavit and Memorandum of Agreement,” so changing the title of yours might be an option for you.