Posted by John Merchant on March 05, 2006 at 10:39:10:
When I briefed this a few years back I concluded the recordeer was right in that such a memo was indeed not recordable as per the CCCs.
But the law you cite makes more sense so I hope it’s current and effective as you state.
JJM
Mr. Merchant : Recording Documents in California - Posted by Darryle-Ca
Posted by Darryle-Ca on March 05, 2006 at 09:49:03:
Mr. Merchant,
This post is in response to a post you made at another site and I think it will be very helpful to you.
Contrary to popular belief, a Memo of Contract or Memo of Agreement is recordable here in California. I’ve been recording them for over ten years. However only pursuant California Government Code Section 27280(a) which reads " Any instrument or judgment affecting the title to or possession of real property may be recorded pursuant to this chapter" meaning chapter six of the Government Code and section 27288 which reads “If the instrument is an agreement for sale, lease, option agreement, deposit receipt, commission receipt, or affidavit which quotes or refers to an agreement for sale, lease, option agreement, deposit receipt, commission receipt, or lease and such instrument claims to, or affects any interest in real property, it shall be executed and acknowledged or proved as provided in Section 27287 by the party who appears by the instrument to be the party whose real property is affected or alienated thereby.”
Hope this helps.
Darryle-Ca