(A memorandum of the contract shall be titled "Memorandum of an Installment Sales Contract" )(765 ILCS 67/20)

Releasing a Memorandum of Installment Payment Contract in Illinois is important for several reasons, primarily related to clearing the title and confirming that the contractual obligations have been fulfilled. Here's why you might need to release a memorandum:

1. Clear the Property's Title
A Memorandum of Installment Payment Contract is typically filed to provide public notice that a contract exists between a buyer and a seller for the purchase of real estate under an installment payment agreement. This filing creates a cloud on the title, which means that anyone looking at the property records will see that there is an outstanding contract involving the property.
When the buyer finishes making all payments under the installment contract or the contract is otherwise terminated, a release must be filed to remove the cloud from the title. Without the release, it can create complications for future sales, refinances, or transfers of the property.

2. Confirm the Satisfaction or Termination of the Contract The release acts as a formal acknowledgment that the buyer has either:
Fulfilled their payment obligations and now owns the property outright, or
The contract has been canceled or terminated for other reasons (such as the buyer defaulting or both parties mutually agreeing to terminate).
Recording the release ensures that there is no misunderstanding or dispute regarding the status of the contract.

3. Enable the Buyer to Obtain Full Ownership
Under an installment payment contract, the seller retains the legal title to the property until the contract is fully paid off. Once the buyer completes their payments, they are entitled to full legal ownership.
Filing a release of the memorandum makes it clear in the public record that the installment contract has been completed, and the buyer can take full legal title to the property without any remaining encumbrances from the contract.

4. Facilitate Future Transactions
If the memorandum is not released, future buyers, lenders, or title companies will see the memorandum on the property’s title. This may make it difficult or impossible for the buyer to sell or refinance the property because it looks like there is still an outstanding installment contract.
A release ensures that the property is free from claims under the installment contract, making it easier for the buyer to proceed with any future real estate transactions.

5. Protect Both Parties
For the seller, recording the release ensures they have formally concluded their legal obligations under the contract.
For the buyer, it ensures that they have clear title to the property and there are no ongoing claims or obligations under the installment contract.

Legal and Procedural Considerations:
Once the contract is fulfilled or terminated, both the buyer and seller should sign a Release of Memorandum of Installment Contract and file it with the county recorder’s office where the original memorandum was recorded. This officially clears the property’s title.

In Illinois, failing to release a memorandum after the contract has been satisfied can cause legal and financial complications for both parties.

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