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

Watauga 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.

Watauga 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.

Watauga 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 Watauga County documents included at no extra charge:
Where to Record Your Documents
Watauga County Register of Deeds
Boone, North Carolina 28607
Hours: 8:00 to 5:00 M-F
Phone: (828) 265-8052
Recording Tips for Watauga County:
- Make copies of your documents before recording - keep originals safe
- Ask about accepted payment methods when you call ahead
- Consider using eRecording to avoid trips to the office
Cities and Jurisdictions in Watauga County
Properties in any of these areas use Watauga County forms:
- Blowing Rock
- Boone
- Deep Gap
- Sugar Grove
- Valle Crucis
- Vilas
- Zionville
Hours, fees, requirements, and more for Watauga County
How do I get my forms?
Forms are available for immediate download after payment. The Watauga 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 Watauga County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Watauga 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 Watauga 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 Watauga County?
Recording fees in Watauga County vary. Contact the recorder's office at (828) 265-8052 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 Watauga 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 Watauga County.
Our Promise
The documents you receive here will meet, or exceed, the Watauga 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 Watauga 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 - ( 4582 Reviews )
Michael K.
January 11th, 2021
The link for the note guidelines just shows the same directions as for the mortgage. Other than that, very helpful.
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Lloyd T.
September 13th, 2023
Example deed given did not apply to married couples as joint owners with both being grantors. The example and directions also did not show how to write more than one grantee as equal grantees. Both would have been helpful when husband and wife are granting their property to their children equally. Also when attaching the exhibit A with the property description the example did not say "see exhibit A"in the property description area, so I didn't write that. Luckily the recorder of deeds allowed me to write it in. I think directions and examples for multiple scenarios would be helpful.
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yaakov f.
June 5th, 2023
you are awesome never had such a great expriance will be back with other transfers you the best
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Tom B.
December 18th, 2020
I ended up loading the same file twice and was unable to delete one of them. I did send e request in to have one deleted and I did get a response back that only one file was processed. This was done in a timely manner but required more additional time. It would have been nice to be able to delete the file myself and finish the process at the same time. Other than this every thing did go very well. Thank you
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June 23rd, 2020
Great resource and everything went smoothly except email was performed through autofill prompted by the system but the autofill added a letter that gave wrong email. I can still sign in with wrong email since the system recognizes it as mine even though it is wrong. May be my fault and not the system since I did not catch the discrepancy in time. I would suggest a field that allows a correction to any misinformation prior to signing out from the initial sign on. Still think it is a great resource if all documents are processed and accepted by the pwers to be. Thanks.
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September 10th, 2021
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February 22nd, 2023
Haven't used yet but I will check it out tomorrow
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February 23rd, 2021
Great site with good information and pricing. Let me know when you are able to record documents in California.
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September 19th, 2024
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February 8th, 2019
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December 16th, 2019
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December 14th, 2018
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July 13th, 2020
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December 28th, 2018
So far do good. Don't understand the billing procedure yet and have just sent a request for information. Awaiting reply. Thank you, Christine Alvarez
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February 25th, 2021
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