Relating to the filing and release of record of a unilateral memorandum of contract concerning residential property.

Contracts

• Purchase & Sale Agreements (PSA): Review "Notice" provisions in your standard PSAs. Ensure the seller's notice address is accurate and explicit, as the statutory notice must be sent via Registered or Certified Mail to the owner's last known address.
• Option Contracts: If you utilize option contracts for wholesaling, your standard operating procedure for protecting that interest must now include the statutory notice step.

Hiring/Training

• Acquisition Teams & Runners: Staff responsible for recording documents must be trained that a UMC cannot be filed in isolation. They must be equipped with the Certificate of Mailing and proof of postage at the time of filing.
• Title Examiners: Staff must be retrained to flag post-September 1, 2025 UMCs that lack the attached Certificate of Mailing as "defective" and not constituting constructive notice.

Reporting & Record-Keeping

• New Statutory Forms: You must integrate three new documents into your legal automation software immediately:
• 1. Certificate of Mailing (Filer): Required to validate the UMC.
• 2. Affidavit for Release (Owner): Required to clear a cloud on title.
• 3. Certificate of Mailing (Owner): Required to initiate the release process.
• Mail Tracking: Implementation of a rigorous tracking system for Certified/Registered Mail receipts ("Green Cards") is mandatory. These receipts are evidentiary requirements for the recorded certificates.

Fees & Costs

• Mailing Costs: Budget for increased postage costs (Certified Mail/Return Receipt Requested) for every memorandum filed.
• Recording Fees: Slight increase in recording fees due to additional page counts for the required Certificates of Mailing.