Herkimer County Full Release of Memorandum of Contract for Deed Form (New York)

The following New York and Herkimer County supplemental forms are included as a courtesy with your order:

When using these Full Release of Memorandum of Contract for Deed forms, the subject real estate must be physically located in Herkimer County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Herkimer County include:

• Cold Brook
• Dolgeville
• Eagle Bay
• Frankfort
• Herkimer
• Ilion
• Jordanville
• Little Falls
• Middleville
• Mohawk
• Newport
• Old Forge
• Poland
• Salisbury Center
• Thendara
• Van Hornesville
• West Winfield

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 This document signifies that the contract (often a purchase and sale agreement or a contract for deed) is no longer in effect, either because the terms of the contract have been fulfilled or the contract has been terminated.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ensures that third parties, including potential buyers, lenders, or title companies, are aware that the contract is no longer in effect.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.

Our Promise

The documents you receive here will meet, or exceed, the Herkimer County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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Get your Herkimer County Full Release of Memorandum of Contract for Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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