Cherokee County Full Release of Memorandum of Contract for Deed Form

Additional Oklahoma and Cherokee County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Cherokee County

Properties in any of these areas use Cherokee County forms:

• Cookson
• Hulbert
• Moodys
• Park Hill
• Peggs
• Tahlequah
• Welling

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Why Release a Memorandum of Contract for Deed?
1. To Clear Title
A recorded memorandum puts the world on notice that there’s an outstanding installment contract on the property.
Until it’s released, the title shows a cloud, which prevents the buyer or seller from refinancing, selling, or transferring clean ownership.

2. To Protect the Buyer
Once the buyer has paid off the contract, the release ensures their equitable title becomes full, clear record ownership.

3. To Protect the Seller
If the contract is canceled (for example, buyer default and repossession), the seller needs the release recorded so that public records no longer show an encumbrance that isn’t valid.

4. To Avoid Liability
Oklahoma law requires the releasing party (usually the seller) to record a release within 50 days of payoff once requested in writing.
Failing to release can make the seller liable for $100 per day until the release is recorded.

When Should It Be Released?
After Buyer Completes Payments
When the buyer finishes all payments under the contract, the seller must execute and record a release (similar to a mortgage satisfaction).
Upon Cancellation or Termination
If the contract is canceled (e.g., by mutual agreement, forfeiture, or default), a release should be recorded so the record no longer shows the memorandum.
When Refinancing or Selling
If the buyer is paying off the balance with a new loan, the lender will require the memorandum to be released to ensure clean title.

Practical Example
Buyer pays off a 10-year contract for deed. The seller must sign and record a release document in the county clerk’s office to remove the memorandum.
Buyer defaults after 3 years. The seller cancels the contract and records a release to remove the buyer’s interest from the record.
No release filed. Title companies will treat the memorandum as a cloud on title — the property can’t be sold or refinanced until cleared.

A Memorandum of Contract for Deed should be released whenever the contract is fully paid, canceled, or otherwise terminated, because it exists only to give public notice that the contract is active. Once it’s no longer active, the release clears the record and protects both parties.

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

This Full Release of Memorandum of Contract for Deed meets all recording requirements specific to Cherokee County.

Our Promise

The documents you receive here will meet, or exceed, the Cherokee 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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