Hardy County Release of Memorandum of Contract Form

Additional West Virginia and Hardy County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Hardy County

Properties in any of these areas use Hardy County forms:

• Baker
• Fisher
• Lost City
• Mathias
• Milam
• Moorefield
• Old Fields
• Wardensville

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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

Important: Your property must be located in Hardy 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 Hardy County.

Our Promise

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