I need to file a memorandum for a property I have under contract in Dallas County, Tx

[Trent Draper]

Hello, I recently got a wholesale deal under contract, and the seller is trying to back out and possibly get a higher offer. I need to e-record or file a memorandum, but I can't seem to find out how this is actually done. I am in Houston, so I am trying to avoid going all the way to Dallas if I can help it. 

[John Clark]

Quote from @Don McAlpine:

Quote from @John Clark:

Quote from @Don McAlpine:

Quote from @John Clark:

Quote from @Trent Draper:

Hello, I recently got a wholesale deal under contract, and the seller is trying to back out and possibly get a higher offer. I need to e-record or file a memorandum, but I can't seem to find out how this is actually done. I am in Houston, so I am trying to avoid going all the way to Dallas if I can help it. 

Hire a lawyer in the county where the property is located. It sounds like what you want to do is file a lawsuit and then record a lis pendens. I’m not familiar with Texas law, but I doubt merely having a contract allows you to record something. Be very careful that you don’t slander the seller’s title.

In Texas you can record your interest in a property that you have under contract, and it will show up when the deed is searched.  It only alerts the second buyer that it is already under contract with the first buyer.

"In Texas you can record your interest in a property that you have under contract, and it will show up when the deed is searched. It only alerts the second buyer that it is already under contract with the first buyer."
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Good to know, but now I have a question: When does the recording of the first contract fall off the chain of title? 

 It will stay as a cloud until the contract closes and both parties file a release; the contract falls apart, settling the dispute, and a mutual agreement to release occurs or a court orders it; the filed memorandum is invalidated for legal reasons.

Most title companies will require a release before insuring title. 

So a flaming jerk can screw up your title and sale simply by refusing to do the right thing and sign a release.

Good to know.