Avery County Memorandum of a Contract for Deed Form

Additional North Carolina and Avery County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Avery County

Properties in any of these areas use Avery County forms:

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

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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)

Important: Your property must be located in Avery County to use these forms. Documents should be recorded at the office below.

This Memorandum of a Contract for Deed meets all recording requirements specific to Avery County.

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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