West Virginia Release of Memorandum of Contract
County Specific Legal Forms Validated as recently as June 8, 2026 by our Forms Development Team
About the West Virginia Release of Memorandum of Contract
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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When a Memorandum of Land Contract should Be Released in WV
1. The Land Contract Has Fully Closed
-Deed has been delivered and recorded
-Purchase price paid in full
-Contract merged into the deed
a. Release immediately after deed recording
2. The Land Contract Is Terminated or Canceled
Examples:
-Mutual written termination
-Buyer default and contract termination
-Seller forfeiture (if allowed by contract)
a. Release as soon as termination is effective Leaving it of record after termination improperly clouds title.
3. The Contract Has Expired by Its Own Terms
-Option period ended
-Time-limited contract expired without closing
a. Release once expiration occurs
4. A Replacement Instrument Has Been -Recorded
-Deed in lieu
-Assignment or novation that supersedes the original contract
a. Release original memorandum
5. Upon Written Demand by Seller or Title Company
-WV recognizes that unreleased memoranda can create a false cloud on title
-Title insurers routinely require a release before closing any later transaction
a. Release promptly to avoid title objections
When a Memorandum SHOULD NOT Be Released
-While the contract is still active
-Before buyer’s equitable interest ends
-Without authority (unless unilateral release rights exist)
Who Can Execute the Release in WV?
a. Best Practice
Both parties (Buyer & Seller)
b. Commonly Accepted
Buyer alone (the party who benefited from the memorandum)
c. Also Accepted (if contract allows) Seller alone, if:
Contract authorizes unilateral release upon default/termination
-Affidavit of termination or forfeiture is recorded
-WV clerks typically accept any of the above if the release is properly executed and notarized.
-Practical Title-Company Rule (What Actually Matters)
-If the memorandum no longer reflects a current property interest, it should not remain of record.
Failing to release:
-Clouds title
-Delays refinancing or resale
-triggers title underwriting exceptions
(WV-Specific): Release promptly upon payoff, termination, or expiration
Instrument number alone is sufficient
No statute mandates timing, but delay creates title risk
title companies expect release before any new conveyance
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"Great company! I have been using Deeds.com for many years. I just opened a new account when I retire…"
"Were unable to help me because of the recorders office but credited my account promptly"
"Great service, but still needs some knowledge to complete. Also missing Michigan right to farm parag…"
"This is a great site! Very easy to use and has all the documents I required. Thank you!"
"Deeds site was easy to use and allowed me to print the forms I needed. No need to change anything."
Common Uses for Release of Memorandum of Contract
- Protect a buyer's interest in a property during installment payments
- Provide public notice of a land contract to protect the buyer
- Sell property to a buyer who does not qualify for traditional financing
- Provide public notice that a buyer holds an equitable interest in real property
- Remove a recorded land contract lien after final payment
- Cancel a recorded memorandum of contract for deed after closing
- Sell property with seller financing instead of a traditional mortgage
Compare other West Virginia deed forms and documents
Important: County-Specific Forms
Our release of memorandum of contract forms are specifically formatted for each county in West Virginia.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.