A "Memorandum of Contract for Deed" form can be recorded in place of a "Contract for Deed" This is often used to keep details of a transaction private. This is a 3-page form where the first page has information, second page is a signature page, 3rd page is for the legal description.

A "Contract for Deed" or "Memorandum of a Contract for deed must be recorded (within 5 business days) of execution. It shall (be recorded in the office of the register of deeds in the county in which the property is located.) It shall be titled ("Memorandum of a Contract for Deed") (N.C. Statute 47H-2(d)).

This Memorandum [shall contain, as a minimum, the names of the parties, the signatures of the parties, a description of the property, and applicable time periods as described in subdivisions (b)(8) and (11)] of 47H-2, which states:
(The amount and due date of each installment payment and the total number of installment payments.) (47H-2(b)(8))
(A statement of the rights of the purchaser to cure a default.) (47H-2(b)(11).
[N.C. Statute 47H-2(d)].

This Memorandum notifies the world that the subject property is under contract, this protects both buyers and sellers. Without a recorded contract or memorandum, the seller could refinance or encumber the property, without anyone knowing the property is already under contract and therefore lessening the buyer's equity. In many cases the seller wants cashed out, the banks usually require a recorded Contract or Memorandum, this shows a history of payments, sometimes referred to as seasoning.

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

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 Memorandum of a Contract for Deed

Release a previously recorded affidavit of equitable interest
Cancel a recorded memorandum of contract for deed after closing
Clear title after a contract for deed has been fulfilled
Record a memorandum to protect the buyer's equitable interest
Document the terms of a private real estate sale between buyer and seller

Compare other North Carolina deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Beneficiary and Executor Deed Executor Deed Beneficiary and Administrator Deed Durable Power of Attorney Limited Power Of Attorney For Real Property Easement Deed Termination of Easement Mineral Deed Quitclaim Mineral Deed Notice to Lien Agent Notice of Contract Notice of Subcontract Claim of Mechanics Lien Claim of Lien Against Construction Funds Conditional Lien Waiver on Progress Payment Unconditional Waiver on Progress Payment Conditional Waiver on Final Payment Unconditional Waiver on Final Payment Disclaimer of Interest Contract for Deed Release of a Memorandum of a Contract for Deed Deed of Trust Assignment of Deed of Trust Release Deed for Deed of Trust Deed of Partial Release Appointment of Substitute Trustee Certificate of Trust Notice of Lis Pendens Cancellation of Lis Pendens Notice

Important: County-Specific Forms

Our memorandum of a contract for deed forms are specifically formatted for each county in North Carolina.

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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