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

Polk 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.

Polk 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.

Polk 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
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Additional North Carolina and Polk County documents included at no extra charge:
Where to Record Your Documents
Polk County Registrar of Deeds
Columbus, North Carolina 28722
Hours: 8:30-5:00 Mon-Fri
Phone: (828) 894-8450
Recording Tips for Polk County:
- Check that your notary's commission hasn't expired
- Verify all names are spelled correctly before recording
- Ask about their eRecording option for future transactions
- Request a receipt showing your recording numbers
- Recording early in the week helps ensure same-week processing
Cities and Jurisdictions in Polk County
Properties in any of these areas use Polk County forms:
- Columbus
- Lynn
- Mill Spring
- Saluda
- Tryon
Hours, fees, requirements, and more for Polk County
How do I get my forms?
Forms are available for immediate download after payment. The Polk 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 Polk County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Polk 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 Polk 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 Polk County?
Recording fees in Polk County vary. Contact the recorder's office at (828) 894-8450 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 Polk 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 Polk County.
Our Promise
The documents you receive here will meet, or exceed, the Polk 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 Polk 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.
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Elbert M.
July 19th, 2021
I found The blank documents easy to use and the instructions informative and simple to follow. Thanks
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Lisa H.
May 27th, 2020
I needed a copy of a deed for a client and wanted to be sure I had the most recent one. I used Deeds.com and had it along with detailed property information within minutes at a very reasonable price. I am very pleased.
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Diane W.
January 3rd, 2020
The forms were immediately available for download, which was nice. However, I was not impressed by the lack of several features: 1) there was no way to edit set text in the form, such as where it says you should consult an attorney. That is not necessary for recording the deed and I wanted to deleted it, but could not. 2) Also, under the "Notes" section, there is a limited area to write; I tried adding a fuller explanation of something, but the form would not accept or include it when I printed the final document. The form may do the job, but it's not very sophisticated or elegant.
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Renata L.
July 30th, 2019
Was a bit difficult to navigate. I feel a fee to access the site and a fee to print is a bit much. I am in the real estate business and find the deeds very useful
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Jacqui G.
April 8th, 2020
Excellent system and serviced!
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Christine R.
February 8th, 2019
Ordering and directions were easy. The only thing missing in the instructions was how to record by mail. Thanks!
Thank you Christine. We'll work on making it more clear that one can find mailing information in our recording section. Have a great day!
Della F.
May 30th, 2019
Always total satisfaction when information is needed. Request for information provided quickly from extremely knowledgeable and courteous personnel.
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Keith L.
March 15th, 2019
Great to have a downloadable form, rather than a cloud solution that gives no guarantee of privacy. Appreciated the sample.......but all of that still left me with open issues about how to tweak the form to serve my particular needs......for example: how to ensure that survivor rights were properly characterized; how far back I should go with the "Source" section + how I should layer my own additions to the chain of ownership, etc. Nonetheless, an overall happy experience. Thank you for your help
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March 26th, 2021
Great service continues! Thanks again!
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August 23rd, 2019
All in all an easy, cost-effective approach to simple legal work.
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January 16th, 2019
It very convenient and fast. Thank you Hilda Reyes
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Brian H.
May 1st, 2019
Forms are good. But need to be able to fill in information and blanks so these can be filed. Disappointed.
Thank you for your feedback. The forms are fill in the blank, Adobe PDFs. As is noted on the site, make sure you download the documents to your computer and open them with Adobe. Sounds like you may be trying to complete them online in your browser.
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February 14th, 2021
Very informative and user friendly. Was able to get all information and forms needed without any problems.
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February 16th, 2020
Great site. It lets your fingers do the walking. It took me half a day to get deed info a couple of years ago. Thanks Deeds.com
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February 26th, 2024
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