In New York State, a Release of Memorandum of Contract is recorded to formally remove the notice of a real estate contract that had previously been recorded. This document signifies that the contract (often a purchase and sale agreement or a contract for deed) is no longer in effect, either because the terms of the contract have been fulfilled or the contract has been terminated. Here’s an overview of how and why to record this document in New York:

Why Record a "Release of Memorandum of Contract"
Clear the Title: Recording a Release of Memorandum of Contract clears any potential cloud on the title of the property. A recorded Memorandum of Contract serves as notice to the public that there is an existing contractual interest in the property. When the contract is fulfilled, canceled, or terminated, recording the release removes any claim or encumbrance on the property, allowing the title to be clear for future transactions.

Notify Third Parties: The release ensures that third parties, including potential buyers, lenders, or title companies, are aware that the contract is no longer in effect. It helps avoid confusion during title searches and prevents disputes that could arise if someone assumes the contract is still valid.

Prevent Future Disputes: Failing to record a release could lead to legal issues or disputes over whether the property is still subject to the terms of the original contract. Recording the release provides conclusive evidence that the contract has been fully performed or terminated.

Fulfill Contractual or Legal Obligations: Some contracts explicitly require the release of a memorandum upon fulfillment or termination. Recording the release helps the parties comply with their legal and contractual obligations, ensuring that all steps are properly documented.

Maintain Accurate Public Records: Recording the release helps maintain the integrity of public records. It provides clarity to any party reviewing the chain of title, as it removes any encumbrance or claim related to the contract from the property’s record.

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Full Release of Memorandum of Contract for Deed

Release a previously recorded affidavit of equitable interest
Provide public notice that a buyer holds an equitable interest in real property
Document a private real estate sale without bank involvement
Release a land contract from public record after the buyer completes all payments
Assign a seller's interest in a land contract to a new party
Formalize a residential purchase and sale agreement for recording

Compare other New York deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Bargain and Sale Deed with Covenants Bargain and Sale Deed Without Covenants Easement Deed Termination of Easement Executor Deed Administrator Deed Correction Deed Contract for Deed Memorandum of Contract for Deed Mortgage and Promissory Note Satisfaction of Mortgage Transfer on Death Deed Revocation of Transfer on Death Deed Disclaimer of Interest Memorandum of Trust Notice of Pendency

Important: County-Specific Forms

Our full release of memorandum of contract for deed forms are specifically formatted for each county in New York.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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