Avery County Memorandum of a Contract for Deed Form (North Carolina)

The following North Carolina and Avery County supplemental forms are included as a courtesy with your order:

When using these Memorandum of a Contract for Deed forms, the subject real estate must be physically located in Avery County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Avery County include:

• Banner Elk
• Crossnore
• Elk Park
• Linville
• Minneapolis
• Montezuma
• Newland
• Pineola
• Plumtree

A "Memorandum of Contract for Deed" form can be recorded in place of a "Contract for Deed" This is often used to keep details of a transaction private. This is a 3-page form where the first page has information, second page is a signature page, 3rd page is for the legal description.

A "Contract for Deed" or "Memorandum of a Contract for deed must be recorded (within 5 business days) of execution. It shall (be recorded in the office of the register of deeds in the county in which the property is located.) It shall be titled ("Memorandum of a Contract for Deed") (N.C. Statute 47H-2(d)).

This Memorandum [shall contain, as a minimum, the names of the parties, the signatures of the parties, a description of the property, and applicable time periods as described in subdivisions (b)(8) and (11)] of 47H-2, which states:
(The amount and due date of each installment payment and the total number of installment payments.) (47H-2(b)(8))
(A statement of the rights of the purchaser to cure a default.) (47H-2(b)(11).
[N.C. Statute 47H-2(d)].

This Memorandum notifies the world that the subject property is under contract, this protects both buyers and sellers. Without a recorded contract or memorandum, the seller could refinance or encumber the property, without anyone knowing the property is already under contract and therefore lessening the buyer's equity. In many cases the seller wants cashed out, the banks usually require a recorded Contract or Memorandum, this shows a history of payments, sometimes referred to as seasoning.

(North Carolina Memorandum Package includes form, guidelines, and completed example)

Our Promise

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