Avery County Contract for Deed Form (North Carolina)

The following North Carolina and Avery County supplemental forms are included as a courtesy with your order:

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

Local jurisdictions located in Avery County include:

• Banner Elk
• Crossnore
• Elk Park
• Linville
• Minneapolis
• Montezuma
• Newland
• Pineola
• Plumtree

This "Contract for Deed" often called a "Land Contract" is a document (in which the seller agrees to sell an interest in property to the purchaser and the purchaser agrees to pay the purchase price in five or more payments exclusive of the down payment, if any, and the seller retains title to the property as security for the purchaser's obligation under the agreement.) (NC Statute 47H-1(1))

Use this package for Residential Property, Rental Property (up to 4 units), Condominiums, Planned Unit Development Property and Vacant Land. Financing is variable, choose between traditional installment payments or x number of payments followed by a balloon payment. This is common when the seller wants to be cashed out. Interest Rates, late payments and charges are set by seller.

If the purchaser goes into default. They must have the right to cure the default. This "Contract for Deed" form has that clause of "Right to Cure" (See NC Statute 47H-3. Conditions of forfeiture; right to cure.)

In 14 boldface type a "Right to Cancel Statement" must be placed above the purchaser's signature, to the effect of;
NOTE TO PURCHASER: YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT FOR DEED UNTIL MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE EXECUTION OF THIS CONTRACT, OR DELIVERY OF THE CONTRACT, WHICHEVER OCCURS LATER. YOU MAY CANCEL BY NOTIFYING THE SELLER AT:

Existing Lien Form: This form can be used if there is/are existing liens on the property. (the seller, must notify the purchaser in a separate written disclosure, provided at or before the execution of the contract, in 14-point type, boldface, capital letters, the following statement: THIS PROPERTY HAS EXISTING LIENS ON IT. IF THE SELLER FAILS TO MAKE TIMELY PAYMENTS TO THE LIEN HOLDER, THE LIEN HOLDER MAY FORECLOSE ON THE PROPERTY, EVEN IF YOU HAVE MADE ALL YOUR PAYMENTS.) (NC Statute 47H-6(b)) Note: this disclosure form is included in this package.

This package includes the 'Periodic Statement of Account" form
(The seller shall provide the purchaser with a statement of account at least once every 12-month period for the term of a contract for deed. The statement must include at least the following information:
(1) The amount paid under the contract.
(2) The remaining amount owed under the contract.
(3) The number of payments remaining under the contract.
(4) The amounts paid to taxing authorities, if paid or collected by the seller or the purchaser.
(5) The amounts paid to insure the property on the purchaser's behalf, if collected by the seller.
(6) If the property has been damaged and the seller has received insurance proceeds, an accounting of the proceeds applied to the property.
(7) If the property is encumbered by a lien or mortgage pursuant to G.S. 47H-6, the outstanding balance of the loan that is secured by the property. (2010-164, s. 4.))
(47H-5. Periodic statements of account.)

A "Contract for Deed" must be recorded (within five business days after the contract has been signed and acknowledged by both the seller and the purchaser) (NC Statute 47H-2(d))

(North Carolina COD Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Avery 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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