West Virginia Release of Memorandum of Contract

County Specific Legal Forms Validated as recently as March 26, 2026 by our Forms Development Team

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About the West Virginia Release of Memorandum of Contract

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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

— Michael T.

"Very easy to find what I was looking for and the cost was reasonable. The documents saved me a lot o…"

— jon m.

"Great last minute forms saved me a critical time when I had no access to my own resources. Five Star…"

— Donald C.

"The service was VERY quick, simple and, easy. I would definetly use this service again."

— Antonia J.

"Great Family Planner"

— Christine G.

". Easy to use."

Common Uses for Release of Memorandum of Contract

Document a rent-to-own or lease-purchase arrangement
Clear title after a contract for deed has been fulfilled
Establish the terms of a real estate transaction before closing
Memorialize a contract for deed in the county records

Compare other West Virginia deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Deed of Trust and Promissory Note Release of Deed of Trust Installment Land Contract Memorandum of Land Contract Easement Deed Termination of Easement Transfer on Death Deed Transfer on Death Revocation Affidavit of Heirship Personal Representative Deed Trustee Deed Mineral Deed Quitclaim Mineral Deed Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Disclaimer of Interest Certification of Trust Memorandum of Trust Notice of Lis Pendens Release of Lis Pendens

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.

Back to West Virginia Forms