Haywood County Release of a Memorandum of a Contract for Deed Form

Haywood County Release of a Memorandum of a Contract for Deed Form
Fill in the blank Release of a Memorandum of a Contract for Deed form formatted to comply with all North Carolina recording and content requirements.

Haywood County Release of a Memorandum of a Contract for Deed Guide
Line by line guide explaining every blank on the Release of a Memorandum of a Contract for Deed form.

Haywood County Completed Example of the Release of a Memorandum of a Contract for Deed Document
Example of a properly completed North Carolina Release of a Memorandum of a Contract for Deed document for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional North Carolina and Haywood County documents included at no extra charge:
Where to Record Your Documents
Haywood County Register of Deeds
Waynesville, North Carolina 28786
Hours: 8:00 to 4:45 M-F / Recording until 4:30
Phone: (828) 452-6635
Recording Tips for Haywood County:
- Bring your driver's license or state-issued photo ID
- Documents must be on 8.5 x 11 inch white paper
- Recorded documents become public record - avoid including SSNs
- Verify the recording date if timing is critical for your transaction
Cities and Jurisdictions in Haywood County
Properties in any of these areas use Haywood County forms:
- Canton
- Clyde
- Hazelwood
- Lake Junaluska
- Maggie Valley
- Waynesville
Hours, fees, requirements, and more for Haywood County
How do I get my forms?
Forms are available for immediate download after payment. The Haywood County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Haywood County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Haywood County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Haywood County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Haywood County?
Recording fees in Haywood County vary. Contact the recorder's office at (828) 452-6635 for current fees.
Questions answered? Let's get started!
In North Carolina, a release of a Memorandum of a Contract for Deed is a legal document used to formally terminate or cancel a previously recorded Memorandum of a Contract for Deed, indicating that the underlying contract for deed (also known as a land contract) is no longer in effect. Below, I’ll explain its purpose and who should sign it, based on North Carolina law and general real estate practices, while incorporating relevant details from the provided web results.
Purpose of a Release of a Memorandum of a Contract for Deed: A Memorandum of a Contract for Deed is recorded in the county register of deeds to publicly notify that a property is under a contract for deed, protecting the buyer’s equitable interest and preventing the seller from encumbering or selling the property to another party without notice. A release of this memorandum serves the following purposes:
• Termination of the Contract: It signals that the contract for deed has been terminated, either because:
• The buyer has fulfilled all payment obligations, and the seller has conveyed the deed, completing the transaction.
• The parties mutually agreed to cancel the contract.
• The buyer defaulted, and the seller exercised forfeiture rights after proper notice and failure to cure, extinguishing the buyer’s equitable interest.
• Clearing the Property Title: The release removes the memorandum from the public record, clearing any cloud on the property’s title. This ensures the seller can freely convey the property to another party or refinance without encumbrances tied to the prior contract.
• Legal Protection: It provides clarity to third parties (e.g., future buyers, lenders) that the contract for deed is no longer active, preventing disputes or claims on the property.
For example, if the buyer paid off the contract, the release confirms the transaction’s completion. If the contract was canceled (e.g., within the three-day cancellation period allowed under N.C. Statute 47H-2 or due to default), the release documents the termination.
Who Should Sign the Release? The signatories depend on the circumstances of the termination, but typically include:
• Seller (Vendor): The seller, who holds legal title to the property under the contract for deed, must sign the release to confirm the contract’s termination and release the memorandum from the public record.
• Buyer (Purchaser): In cases of mutual termination, the buyer should also sign to acknowledge the cancellation of the contract and their equitable interest in the property. This is explicitly required for a mutual termination under N.C. Statute 47H-2(e), which states that a mutual termination must be executed by both parties and recorded in the county register of deeds.
• Notary Public: The signatures of the seller (and buyer, if applicable) must be acknowledged by a notary public to meet North Carolina’s acknowledgment requirements for recording. This ensures the document complies with N.C. Statute 47-38 and is valid for registration.
Additional Notes:
• If the termination results from a forfeiture due to the buyer’s default, the seller may sign unilaterally after providing proper notice of default and intent to forfeit (per N.C. Statute 47H-4) and the buyer’s failure to cure within the specified period (at least 30 days).
• The release must be recorded in the office of the register of deeds in the county where the property is located, typically by the seller, unless the parties agree otherwise.
Practical Details
• Content: The release should reference the original Memorandum of a Contract for Deed, including the names of the parties, property description, and date of the original contract. It may also note the reason for termination (e.g., fulfillment, mutual cancellation, or forfeiture).
• Recording: Like the original memorandum, the release must be filed with the county register of deeds to update the public record.
• Format: The document must comply with North Carolina’s recording requirements, such as those outlined in N.C. Statutes and local county rules.
Example Scenario
• Completion of Contract: An Individual buys a property under a contract for deed, pays all installments, and the seller conveys the deed. The seller signs a release of the memorandum, notarized, and records it to clear the title.
• Mutual Cancellation: If buyer and the seller agree to cancel the contract within the three-day cancellation period or later, both sign a mutual termination and release, which is notarized and recorded.
• Default: If the buyer defaults and fails to cure after notice, the seller signs the release alone after forfeiture procedures, documenting the termination.
Important: Your property must be located in Haywood County to use these forms. Documents should be recorded at the office below.
This Release of a Memorandum of a Contract for Deed meets all recording requirements specific to Haywood County.
Our Promise
The documents you receive here will meet, or exceed, the Haywood County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Haywood County Release of a Memorandum of a 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.
4.8 out of 5 - ( 4580 Reviews )
RICKY N.
July 10th, 2020
Fast Speedy great communication worry-free
Thank you!
Ondina S.
December 28th, 2021
Am very happy with the wealth of forms that were available with my purchase! This site is an awesome resource which I plan to use in the future.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Rajashree S.
January 2nd, 2019
Deed was easy to download and complete. Will use again if needed.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
calvin b.
February 21st, 2023
They offer a great service. Also they have been responsive and professional.
Thank you for your feedback. We really appreciate it. Have a great day!
Stacey H.
October 23rd, 2024
This was my first time using Deeds.com and I was very impressed on the professionalism and the expediency of the recording. Will definitely be using them again. Stacey H.
Your satisfaction with our services is of utmost importance to us. Thank you for letting us know how we did!
Rosie M.
March 13th, 2025
I found exactly what I was looking for, and the documents are a complete package. Great service!
Thank you, Rosie! We're so glad you found exactly what you needed and that the documents met your expectations. We appreciate your kind words and your support! If you ever need anything else, we're here to help.
Jeannine G.
June 28th, 2021
Very helpful and just what I needed for the job I was doing.
Thank you!
George A.
September 4th, 2019
Excellent Service.
Thank you for your feedback. We really appreciate it. Have a great day!
Fernando C.
August 2nd, 2020
I was happy with my purchase. I honestly received more than I expected . I recommend you expand to offer more forms such as Living Will.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Annette H.
September 8th, 2022
Deeds.com has done a wonderful job! They are quick to get back to me either with the Deed or reason why there is no Deed. You have saved me so much time using your services that I hope to keep using them for years to come! Thank you!
Thank you!
Emanuel W.
December 16th, 2021
Excellent service! We surely use again
Thank you for your feedback. We really appreciate it. Have a great day!
Vicki L.
July 4th, 2020
Quick results with accurate information and thorough information.
Thank you!
Matthew G.
February 19th, 2019
Second time using Deeds.com. Easy and professional
Thank you Matthew. Have a great day!
Chris D.
December 10th, 2020
Easy and affordable. I would recommend deeds.com
Thank you!
Beverly A.
June 13th, 2019
The forms are incredibly easy to fill out. Thanks for the examples!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!