Memorandum of Contract Concerning Real Estate

[O'Neil Mbakwe]

Hello, back in July 2019 I was under contract to buy a home from a seller in Manor Texas, but the contract expired and I have no plans on renewing due to the difficulty of the seller.

Basically, the seller was facing foreclosure before the moratorium was imposed. Offering a helping hand, I spent time organizing a garage sale for her, and driving around and scouting different neighborhoods she could move to. Keep in mind, I’m not a realtor, nor was never stated in contract that I do these things, it was out of good faith.

When the moratorium was imposed, the seller began demanding more money and stated I needed to find them a place to move to. At this point it was no longer worth it to me.

I did however file a Affidavit of Memorandum on the property while I had it under contract.

The seller found another buyer, but when title was ran, my memorandum showed up. Obviously the title can’t be clouded when selling a property. My question is, since my contract with the seller has expired, what are my options? Must I release the Affidavit?

Thanks.

[Jay Hinrichs]

Originally posted by @Steve Morris:

Go ask title what they need for a release.  You may be able to get a couple of bucks from whoever the seller is.

On the flip side, this is why I would tell sellers to NEVER allow a memo to be recorded against title.

Absolutely in my mind its a total bush league move to slander someones title like this..  only one that would try to enforce that is someone who has no interest in actually helping .  its a sale fail  ..  cost of doing business..  these sellers are already stressed enough than to add more pain to their day.