Benton County Full Release of Memorandum of Land Sale Contract Form

Additional Oregon and Benton County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Benton County

Properties in any of these areas use Benton County forms:

• Alsea
• Blodgett
• Corvallis
• Monroe
• Philomath

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A Memorandum of Land Sale Contract in Oregon is authorized under ORS 93.710, which permits recording a memorandum in place of the full contract.
It gives constructive notice under ORS 93.640 of the buyer’s equitable interest in the property. By extension, when a contract ends, a release or satisfaction document must also be recorded to clear the chain of title.
Each county recorder requires a properly executed “Release of Memorandum of Land Sale Contract” (or similarly titled document).

Common Reasons for Recording a Release
1. Full Performance / Satisfaction
The buyer has completed all obligations under the land sale contract (typically full payment of the purchase price).
Recording the release clears title and shows that the buyer now holds the property free of the seller’s contractual claim.

2. Mutual Termination / Rescission
Both parties agree to cancel the contract.
A release ensures that the recorded memorandum no longer clouds title, allowing the seller to convey to another party.

3. Forfeiture or Default
If the buyer defaults and the seller declares forfeiture (per contract and ORS Chapter 93 / Chapter 18 procedures), the memorandum is released to restore seller’s clear title.

4. Substitution / Replacement Contract
If the parties replace the original contract with a new land sale contract or refinance, the old memorandum may be released so only the valid encumbrance remains of record.

5. Quiet Title / Court Order
If there is litigation (e.g., a dispute over performance, fraud, or mistake), the court may order the release to remove a cloud on title.

Statutory Basis
ORS 93.640(1) – requires recording of instruments affecting title.
ORS 93.285 to 93.300 – govern recording of land sale contracts and memoranda.
ORS 93.210 – establishes duty to release instruments upon satisfaction (applies to mortgages, trust deeds, and by analogy to memoranda when obligations are fulfilled).

Why Recording is Critical
A recorded memorandum clouds the title, and title companies will not insure future sales or refinancing until it is released.
Recording the release protects both buyer and seller by creating a public record that the contractual interest has ended.

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

This Full Release of Memorandum of Land Sale Contract meets all recording requirements specific to Benton County.

Our Promise

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