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

Surry 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.

Surry 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.

Surry 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 Surry County documents included at no extra charge:
Where to Record Your Documents
Surry County Register of Deeds
Dobson, North Carolina 27017
Hours: Monday - Friday 8:15 - 5:00 / Recording until 4:30
Phone: (336) 401-8150
Recording Tips for Surry County:
- Documents must be on 8.5 x 11 inch white paper
- White-out or correction fluid may cause rejection
- Request a receipt showing your recording numbers
- Avoid the last business day of the month when possible
- Check margin requirements - usually 1-2 inches at top
Cities and Jurisdictions in Surry County
Properties in any of these areas use Surry County forms:
- Ararat
- Dobson
- Elkin
- Lowgap
- Mount Airy
- Pilot Mountain
- Siloam
- State Road
- Toast
- Westfield
- White Plains
Hours, fees, requirements, and more for Surry County
How do I get my forms?
Forms are available for immediate download after payment. The Surry 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 Surry County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Surry 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 Surry 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 Surry County?
Recording fees in Surry County vary. Contact the recorder's office at (336) 401-8150 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 Surry 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 Surry County.
Our Promise
The documents you receive here will meet, or exceed, the Surry 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 Surry 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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June 24th, 2020
Great product. It would be better if the document files were not embedded within other files. It made downloading a little confusing. The titles of the forms did not match exactly word for word, which required a lot of back and forth to make sure I had downloaded the proper document. What would be great is if once you download a document, the hyperlink changed color, or somehow denoted the document had been downloaded. Just a suggestion. You have my email address if you have questions. STILL! Five stars for you guys. I would not let that hiccup dissuade me from buying any form package from you guys. Thanks!
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December 9th, 2022
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January 1st, 2019
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November 17th, 2019
I liked that the documents could be filled in on my computer. All the documents came out nice, better than I expected really.
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Wilma D.
August 7th, 2020
The certification of trust looks fine to me. I printed it and filled it out and had it notarized today. I have not sent it to the company that wants it yet so that will be the test. They are very picky. If they have any comment I will let you know.
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August 15th, 2024
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August 8th, 2022
Found what I was looking for quickly, no issues. Able to pay & download my forms. Haven't filed them yet so I can't review that process.
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Richard V.
March 2nd, 2019
It was very easy to get the documents which I needed.
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Lisa C.
October 7th, 2020
Please change on the example for the warranty deed the portion that says Source of Title: They don't use book and pages anymore They only use recording numbers. Please show an example with that for Maricopa County AZ Plus your Notary certificates should have a blank part for if it is signed in another state.
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Janice S.
February 28th, 2019
Really easy downloading the forms the directions everything was really easy thanks!
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Janice W.
January 25th, 2019
Great instructions, samples, ease in getting the form I needed, filling it out as a PDF, and having it ready for a Notary's signature. I was hesitant a first, but glad I paid the fee - now it is done!
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Richard S.
August 13th, 2020
Not user friendly, and not an Adobe fan. The first page of Quitclaim Deed form cuts off the Parcel Identification line on the bottom. Also quite a few forms showed up to be downloaded , after I paid, so I was unsure if all the forms were part of the quitclaim package. I have adobe but was unable to locate the forms in adobe on my computer after I downloaded them. Just wanted to print out one quitclaim deed form, which would have taken less that 3 minutes. instead it took 97 minutes. Thank you, though, for having the form there.
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Ardith S.
February 14th, 2021
Very informative and user friendly. Was able to get all information and forms needed without any problems.
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