Berkeley County Release of Memorandum of Contract Form

Last validated July 14, 2026 by our Forms Development Team

Berkeley County Release of Memorandum of Contract Form

Berkeley County Release of Memorandum of Contract Form

Fill in the blank Release of Memorandum of Contract form formatted to comply with all West Virginia recording and content requirements.

Document Last Validated 7/14/2026
Berkeley County Release of Memorandum of Contract Guide

Berkeley County Release of Memorandum of Contract Guide

Line by line guide explaining every blank on the Release of Memorandum of Contract form.

Document Last Validated 6/18/2026
Berkeley County Completed Example of the Release of Memorandum of Contract Document

Berkeley County Completed Example of the Release of Memorandum of Contract Document

Example of a properly completed West Virginia Release of Memorandum of Contract document for reference.

Document Last Validated 5/27/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Berkeley County Clerk

Address:
Courthouse - 100 West King St
Martinsburg, West Virginia 25401

Hours: Monday-Friday 9:00am to 5:00pm

Phone: (304) 264-1927

Recording Tips for Berkeley County:
  • Ensure all signatures are in blue or black ink
  • Bring your driver's license or state-issued photo ID
  • Verify all names are spelled correctly before recording
  • White-out or correction fluid may cause rejection
  • Request a receipt showing your recording numbers

Cities and Jurisdictions in Berkeley County

Properties in any of these areas use Berkeley County forms:

  • Bunker Hill
  • Falling Waters
  • Gerrardstown
  • Glengary
  • Hedgesville
  • Inwood
  • Martinsburg
  • Ridgeway

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Berkeley County

How do I get my forms?

Forms are available for immediate download after payment. The Berkeley 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 Berkeley County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Berkeley County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Berkeley 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 Berkeley County?

Recording fees in Berkeley County vary. Contact the recorder's office at (304) 264-1927 for current fees.

Questions answered? Let's get started!

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

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

This Release of Memorandum of Contract meets all recording requirements specific to Berkeley County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Berkeley County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Berkeley County Release of Memorandum of Contract 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.

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Reply from Staff

Thank you for your review. Our deed of distribution package is designed as a strong primer to help people understand the process and prepare accurate documents. That said, probate filings can involve details that vary by court and jurisdiction.

We’re glad you sought attorney review when you weren’t completely sure—that’s exactly what we recommend. We always encourage customers to work with a qualified legal professional if they are not absolutely confident, since accuracy and acceptance are what matter most.

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March 17th, 2021

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December 31st, 2020

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December 16th, 2020

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