Land Records

Public Real Estate Records

The Office of the County Clerk is responsible for the filing and recording of all documents affecting real estate ownership and transfer within the County of Atlantic, including Deeds, Mortgages, Federal Tax Liens, Notice of Settlements and their related documents. Our Records Room is open to the public where all documents are available for public inspection and retrieval. All documents recorded from 3/1/2000 are available on the Web for free. Click on this link for more information, http://atlanticcountyclerk.org/public-records/online-search/

If you have any questions you can reach our office by calling (609) 625-4011 extension 5261 or email flath_antoinette@aclink.org

Basic Recording Requirements – Revised 8/30/07

Deeds

ALL deeds recorded in New Jersey (with the exception of Sheriff’s Deeds) after AUGUST 1, 2004 must have the appropriate SELLER’S RESIDENCY FORM attached. An explanation of the different forms follows under the heading “NJ STATE GROSS INCOME TAX FORMS FOR SALE OF REAL ESTATE”. Additionally deeds with a consideration over 1 million dollars must also have an Affidavit of Consideration for the Buyer with the necessary Realty Transfer Tax.

  1. Grantor’s name(s), in the case of an estate the deceased’s name also.
  2. Grantee’s name(s) and complete mailing address, including zip code.
  3. Amount of consideration clearly stated in either the body of the deed, the acknowledgement, or the affidavit of consideration, plus the balance of any assumed mortgage.
  4. The current tax lot and block numbers of the municipality where the property is located preceded by the words “from the current official tax map of_____.”
  5. Grantor(s) name typed or printed below signature(s).
  6. All grantors’ signatures must be acknowledged.
  7. Acknowledgement must include the state and county where it is taken.
  8. Document and Acknowledgement must be dated.
  9. Acknowledgement must contain the name(s) of the person(s) who appeared before the official taking the acknowledgement.
  10. Acknowledgement must be signed by an Attorney or a Notary Public with their name, title, expiration date & jurisdiction typed or printed beneath their signature.
  11. The signature of the person who prepared the document preceded by the words “Prepared By” with their name typed or printed beneath. This must appear on the first page of the document.
  12. Affidavit of consideration is required to be recorded with all deeds claiming exemption or partial exemption from NJ Realty Transfer Tax. The Affidavit must contain the following information.
    1. Section 1 must be completed.
    2. Amount of consideration.
    3. Reason for full exemption must be written out.
    4. The appropriate a.b.c. or d. box must be completed for partial exemption.
    5. Signed by deponent.
    6. Names and addresses of grantor and deponent.
    7. Notarized, with the name, title, jurisdiction and expiration date of the notary typed, stamped or printed beneath the signature.
      ** Refer to the back of the Affidavit for complete instructions.
  13. Affidavits or GIT/REP forms should not be sent in with easements.
  14. Recording fees: $40.00 first page (this includes $10.00 for abstract), $10.00 each additional printed page (only the front page of the Affidavit and GIT/REP forms are recorded), and any realty transfer tax due.

Mortgages

  1. Mortgagor(s) full name.
  2. Mortgagee’s full name.
  3. Property description – the property description must state the municipality it is located in within Atlantic County – THE PROPERTY ADDRESS IS NOT SUFFICIENT.
  4. Signature(s) of mortgagor with name typed or printed beneath.
  5. Mortgagor(s) signatures must be acknowledged.
  6. Acknowledgement must include state and county where it is taken.
  7. Document and Acknowledgement must be dated.
  8. Acknowledgement must contain the name(s) of the person(s) who appeared before the person taking the acknowledgement.
  9. Acknowledgement must be signed by an Attorney or Notary Public with their name, title, expiration date & jurisdiction typed or printed beneath signature.
  10. Recording fees: $30.00 first page, $10.00 each additional page.

Assignments of Mortgage

  1. Full name of assignor.
  2. Full name of assignee.
  3. Book & Page number (only for mortgages recorded prior to 3/2000) or Instrument number (for all mortgages recorded after 3/2000) of each mortgage being assigned. The recording information of any re-recorded mortgages must also be included.
  4. Signature(s) of assignor with name(s), and title when applicable, typed or printed beneath signature.
  5. Assignors’ signature(s) must be acknowledged**.
  6. Property description- i.e. block & lot & municipality.
  7. Recording fees: $30.00 first page, $10.00 each additional printed page, and $10.00 notation for each mortgage noted.

Discharges of Mortgage

  1. Mortgagor(s) name.
  2. Complete name of mortgagee and/or assignee.
  3. Book & Page number (only for mortgages recorded prior to 3/2000) or Instrument number (for all mortgages recorded after 3/2000) of mortgage being discharged. The recording information of any re-recorded mortgages must also be included.
  4. Signature of mortgagee or last assignee of the mortgage.
  5. Names, and title when applicable, of all parties signing must be typed or printed beneath signatures.
  6. Signatures must be acknowledged**.
  7. Recording fees: $30.00 first page, $10.00 each additional printed page, and $10.00 notation fee for each mortgage noted.

**ACKNOWLEDGEMENT REQUIREMENTS SEE ‘DEEDS & MORTGAGES.’

Cancellation of Mortgage

The procedure for canceling a mortgage in New Jersey is for the legal holder(s) of the mortgage to sign a statement ON the original recorded mortgage document. This statement cannot be on a separate page or on the note.

The following form is acceptable:

DATE

Satisfaction of the within mortgage having been received in full, the County Clerk of Atlantic County, New Jersey, is hereby authorized and Requested to cancel same of record.

___________________________________
(Signature(s) of ALL legal mortgage holders)

  1. All signatures must have name, and title when applicable, typed or printed beneath.
  2. Cancellation by a corporation must clearly state the name of the corporation, the name & title of the person signing the statement for the corporation. If an individual the name must be exactly the same as the mortgagee or the cancellation must include an F/K/A or N/K/A.
  3. Cancellation fee: $20.00 – RE-RECORDED MORTGAGES $30.00

Lis Pendens Foreclosure

  1. Object of the Lis Pendens must be stated.
  2. Book & page number (prior to 3/2000) or Instrument number (after 3/2000) of mortgage or tax sale certificate must be stated.
  3. Legal description of mortgaged property.
  4. Date when complaint was filed in Superior Court.
  5. Signature of plaintiff or their attorney.
  6. Recording fee: $30.00 plus $10.00 notation fee.
  7. The County Clerk’s Office retains the original. If you want a ‘stamped copy’ please include a copy to be returned.

Lis Pendens (Other Than Foreclosure)

  1. Object of the Lis Pendens must be stated.
  2. Legal description of property.
  3. Signature of plaintiff or their attorney.
  4. Date when complaint was filed in Superior Court.
  5. Recording fee: $30.00 first page, $10.00 per additional printed page.
  6. The County Clerk’s office retains the original. If you want a ‘stamped copy’ please include a copy to be returned.

Notice of Unpaid Balance/Construction Lien Claim

  1. Name and address of Claimant(s).
  2. Name and address of property owner(s).
  3. Date of ‘Last work or services’ must be stated and within 90 days of the filing.
  4. Name of contracting party.
  5. Amount of claim.
  6. Description of work or services provided.
  7. Property description.
  8. Last date of work or services provided.
  9. Signature(s) of claimant(s) with name and title printed beneath.
  10. Acknowledged by an attorney or notary public – see Deeds & Mortgages for acknowledgement requirements.
  11. Include a copy to be ‘stamped’ and returned to you.
  12. NUBs’ & CLCs’ must be recorded within 90 days after work is completed.

Re-Recorded Documents

  1. Must clearly state the reason for re-recording on the first page.
  2. Have all changes initialed.
  3. Be acknowledged again with the current date – this acknowledgement is for the initials on the changes.
  4. The complete ‘original’ recorded document must be re-recorded along with any ‘new’ pages.
  5. Deed being re-recorded needs an affidavit for exemption if the realty fee was paid at the time of the ‘original’ recording. It will also need a Seller’s Residency Form if the original recording did not have one.
  6. Recording fee: $30.00 first page ($40.00 for DEEDS), $10.00 per each additional printed page and $10.00 notation fee to note the ‘original’ recorded document.

** A document will not be accepted for re-recording if the changes are substantial enough that a new document should have been prepared, i.e., to change mortgage terms agreed to after closing, or to add or remove names, or a spelling correction that significantly changes a name.

Requirements Applicable to All Documents

  1. Documents must be in English.
  2. Documents must be legible and reproducible.
  3. Record & Return to Address clearly indicated on document.
  4. Book & page numbers only used for documents recorded prior to 3/2000 Instrument numbers only for documents recorded after 3/2000.

Suggestions Applicable to All Documents

  1. Self addressed stamped envelopes.
  2. Envelopes that are large enough to return documents
    ** A good rule of thumb – return envelopes should be the same size as the envelope used to send the documents.
  3. Additional self addressed, stamped envelope for copies to be returned immediately.
  4. Legible name & phone number of person to contact for problems.
  5. Adequate space on first page for recording label.
  6. Do not use highlighter other than yellow.

Common Mistakes

  • Acknowledgements incorrect or not complete.
  • Legal descriptions and/or exhibits are not attached.
  • Names not typed or printed below signatures.
  • Incorrect fees.
  • Copies submitted for recording instead of originals.
  • Mailing addresses used as property descriptions instead of block & lot and tax map reference.
  • ‘Prepared By’ signature and name not on first page of deed.
  • More people signing an instrument than are stated on the front of instrument or in acknowledgement without an explanation.
  • Deeds being sent with a realty tax amount showing an exemption but without an affidavit.
  • Affidavits incomplete not signed or notarized.
  • Book & page numbers or instrument numbers missing or incorrect.
  • Grantee’s address missing.

NJ State Gross Income Tax Forms for Sale of Real Estate

P.L. 2004, c.55 requites that ALL deeds recorded on or after August 1, 2004 have one of the five ‘Seller’s Residency Certifications’ attached to it. The form applies to the ‘Grantor’ only. The five forms are:

GIT/REP-1 This form would be used to accompany the estimated gross income tax payment on the gain from the transfer/sale of the real property by NON-RESIDENT INDIVIDUALS, ESTATES or TRUSTS. The check should be made payable to the NJ Division of Taxation and be sent with the deed to the County Clerk’s Office. Our office will forward the check to the Division of Taxation. THIS CHECK SHOULD NOT BE SENT SEPERATELY TO THE DIVISION OF TAXATION OR WE WILL NOT BE ABLE TO RECORD THE DEED.

GIT/REP-2 This form would be used by a nonresident individual, estate or trust and is a PREPAYMENT RECEIPT they would receive if they went to the Division of Taxation Office and paid the tax prior to recording the deed. The ORIGINAL WITH THE RAISED STATE SEAL must be sent with the deed for recording.

GIT/REP-3This form is the most often used form. It is to be used by residents of NJ who will be paying any applicable taxes with their yearly state income tax. AND FOR ANY GRANTOR –EITHER RESIDENT OR NON-RESIDENT- WHO FALL IN ONE OF THE CATAGORIES LISTED ON THE FORM (1TO 7).

GIT/REP-4This form is used when the Division of Taxation has granted a waiver to the grantor so they do not have to file any other GIT/REP form or pay any tax. This form can only be obtained from the Division of Taxation and the ORIGINAL WITH THE RAISED STATE SEAL must be sent with the deed for recording.

GIT/REP-4AThis form is used with deeds that need to be RE-RECORDED due to a typographical, clerical error or omission and there is no consideration. THIS IS THE ONLY FORM THAT CAN BE COMPLETED AND SIGNED BY THE GRANTEE if the circumstances are such that the grantor can not be located.

All these form can be obtained by going to ‘LINKS’ on our web page. On the list of LINKS you will find the DIVISION OF TAXATION, click on this to connect to their web page. On their web page you will see a category for ‘FORMS’ click on this and you will find a list of available forms, the GIT/REP forms will be there and can be printed. There are additional instructions that will print with the form. Please read them.

THE APPLICABLE FORM MUST BE SENT TO OUR OFFICE WITH THE DEED FOR RECORDING. ALL FORMS MUST HAVE ORIGINAL SIGNATURES.

 

 

NJ Realty Transfer Fees

All instruments entitles to be recorded by the County Recording Officer which purport to convey or transfer title or realty in this State are subject to submit payment of Realty Transfer Fees based on the consideration stated on the instrument.

New Realty Transfer Fees

Effective August 1, 2004

Two bills were recently signed into law in New Jersey. The first, Assembly Bill No. 3115 increases the Realty Transfer Fee rates of property transfers. The second, Assembly Bill No. 3128 requires the filing of estimated Gross Income Tax on the transfer of real property by nonresidents of the State as a condition to recording. BOTH BILLS WILL IMPACT DEEDS DATED AUGUST 1, 2004 AND FORWARD. NEITHER BILL WILL APPLY TO DEEDS DATED PRIOR TO AUGUST 1, 2004 AND RECEIVED FOR RECORDING PRIOR TO OCTOBER 1, 2004. The ‘Deed Date’ is the date stated at the top of the first page of the deed. If there is no date at the top of the first page and the deed is received after August 1, 2004 the ‘recording date’ will be considered the deed date and the new rates and procedures will apply.

The Atlantic County Clerk will accept for recording deeds dated prior to August 1, 2004, using the ‘old’ rates and procedures, until OCTOBER 1, 2004. Thereafter ALL DEEDS will be recorded using the ‘NEW” rates and procedures. If there is a conflict the ‘new’ rates will have to be paid and a claim made to the Division of Taxation for a refund.

REGULAR FEES – NO EXEMPTION & NEW CONSTRUCTION – NO EXEMPTIONS

TOTAL CONSIDERATION NOT IN EXCESS OF $350,000

  • $2.00/$500 of consideration not in excess of $150,000;
  • $3.35/$500 of consideration in excess of $150,000 but not in excess of $200,000;
  • $3.90/$500 of consideration in excess of $200,000 but not in excess of $350,000;

TOTAL CONSIDERATION IN EXCESS OF $350,000

  • $2.90/$500 of consideration not in excess of $150,000;
  • $4.25/$500 of consideration in excess of $150,000 but not in excess of $200,000;
  • $4.80/$500 of consideration in excess of $200,000 but not in excess of $550,000;
  • $5.30/$500 of consideration in excess of $550,000 but not in excess of $850,000;
  • $5.80/$500 of consideration in excess of $850,000 but not in excess of $1,000,000;
  • $6.05/$500 of consideration in excess of $1,000,000.

SENIOR CITIZEN, BLIND, DISABLED, LOW & MODERATE INCOME HOUSING

TOTAL CONSIDERATION NOT IN EXCESS OF $350,000

  • $.50/$500 of consideration not in excess of $150,000;
  • $1.25/$500 of consideration in excess of $150,000 but not in excess of $350,000;

TOTAL CONSIDERATION IN EXCESS OF $350,000

  • $1.40/$500 of consideration not in excess of $150,000;
  • $2.15/$500 of consideration in excess of $150,000 but not in excess of $550,000;
  • $2.65/$500 of consideration in excess of $550,000 but not in excess of $850,000;
  • $3.15/$500 of consideration in excess of $850,000 but not in excess of $1,000,000;
  • $3.40/$500 of consideration in excess of $1,000,000.

To be eligible for Senior Citizen Exemption, Grantor must be 62 years of age or over, and owned and occupied property at time of sale. Property must be one or two family residential with no joint owners other than spouse or other exempt owners.

To be eligible for Blind or Disabled owner must be legally blind or totally disabled in a one or two family home owned and occupied by Grantor at time of sale. No joint owners other than spouse or other exempt owner. Disabled owner must not be employed and receiving any disability payments.

To be eligible for Low and Moderate Income Housing property must be affordable according to H.U.D. standards and meet requirements of region. Must be reserved for occupancy and subject to resale controls.

PROPERTIES EXCEEDING $1,000,000 PAID BY GRANTEE

A fee on the transfer of real property classified as 2 – 3A – 4A or 4C(Cooperative Unit), whether improved or not, for consideration in excess of $1,000,000, of 1% of the entire amount of consideration, is now imposed on the grantee, or buyer.

Attorneys, title agencies, and property class on the filed Affidavit of Consideration. Questions regarding this fee should be directed to (609)292-7974.

Proceeds from the Realty Transfer Fee provide support for the Public Health Priority Fund, shore protection initiatives, housing programs, extraordinary special education and municipal aid, and direct aid to New Jersey Counties.

TRANSFER TAX FEES FOR SHERIFF’S DEED:

There is a separate affidavit to be submitted with Sheriff’s Deeds. As a general rule, in the case of a Sheriff’s Deed confirming a sheriff’s sale, the amount of the realty transfer fee shall be computed upon the amount of the accepted bid for the property sold:

  • Where, however, the sale is for delinquent taxes or an assessment, no fee is imposed.
  • Where a deed to real estate is executed by a sheriff to a mortgagee who bids the property at a foreclosure sale to satisfy a mortgage lien, the Realty Transfer Fee will be computed upon the amount bid for the property plus the remaining amount of any superior mortgage liens.

WHEN AFFIDAVIT MUST BE ANNEXED TO DEED: Please refer to instructions on back of affidavit.

EXEMPTIONS FROM THE FEE:

The fee imposed by the Act shall not apply to a deed:

  • For consideration of less than $100.00
  • By or to the United States of America, this State, or any instrumentality, agency or subdivision thereof.
  • Solely in order to provide or release security for a debt or obligation;
  • Which confirms or corrects a deed previously recorded.
  • On a sale for delinquent taxes or assessments.
  • On partition
  • By a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors.
  • Eligible to be recorded as an ‘ancient deed’ pursuant to R.S. 46:16-7.
  • Acknowledged or proved on or before July 3, 1968.
  • Between husband and wife, or parent and child
  • Conveying a cemetery lot or plot
  • In specific performance of a final judgment.
  • Releasing a right of conversion.
  • Previously recorded in another county and full realty transfer fee paid or accounted for as an evidenced by written instrument, attested to be the grantee and acknowledged by the county recording officer of the county of such prior recording, specifying the county, book, page, date or prior recording, and amount of realty transfer fee previously paid.
  • By an executor or administrator of a decedent to as an devisee or heir to effect distribution of the decedent’s estate in accordance with the provisions of the decedent’s will or the intestate laws of this State.
  • Recorded within 90 days following the entry of a divorce decree which dissolves the marriage between grantor and grantee.

* Affidavits are available on the New Jersey Department of Treasury web site. The address is http://www.state.nj.us/treasury/taxation

NONRESIDENT – GROSS INCOME TAX

Chapter 55 now requires for transactions occurring on or after August 1, 2004 nonresident individuals, estates or trusts that sell or transfer real property in New Jersey to make an estimated Gross Income Tax payment prior to the recording of the deed. The payment must be remitted to the Division of Taxation Prior to closing or can be made at closing.

The estimated payment is determined by multiplying the seller’s gain, as Computed for tax purposes, times the Gross Income Tax highest rate of 8.97%. In no case may the estimated payment be less than 2% of the consideration paid. Prior to closing, sellers prepaying will complete the Nonresident Seller’s Tax Prepayment Receipt from GIT/REP-2 along with NJ 1040ES and file them at one of the Division’s regional branch offices. (Locations of these branch offices are listed on the Division’s Website shown below.) Sellers not prepaying must complete the Nonresident Seller’s Tax Declaration from GIT/REP-1 and make payment at closing.

Sellers that meet one of the following conditions are not required to make estimated payments and will complete the Seller’s Residency Certification/Exemption from (GIT/REP-3) which must be submitted at closing.

  • Seller is a resident of New Jersey and will be filing a resident Gross Income Tax return for the year of the sale.
  • Seller will be claiming an Income exclusion under Section 121 of the Internal Revenue Code of 1986 for the property being sold.
  • Seller is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with no additional consideration.
  • Seller, transferor or transferee is an agency or authority of the United States of America, or the State of New Jersey, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, or a private mortgage insurance company.
  • Seller is not an individual, estate or trust and as such is not required to make an estimated payment pursuant to N.J.S.A. 54A:1-1 et seq.
  • The total consideration received is $1,000 or less and as such not required to make an estimated payment pursuant to N.J.S.A. 54A:1-1 et seq.

The new Gross Income Tax forms GIT/REP-1 Nonresident Seller’s Tax Declaration and GIT/REP-3 Seller’s Residency Certification/Exemption are available from the various County Clerk’s Offices, Division of Taxation offices or can be downloaded from the Division of Taxation’s website at www.state.nj.us/treasury/taxation. Form GIT/REP-2 Nonresident Seller’s Tax Prepayment receipt is only available at on of the Divisions of Taxation’s Regional Taxpayer Service Locations. Samples of the new forms and instructions are attached for review only.

The buyer will submit the Seller’s Residency Certification/Exemption, the Nonresident Seller’s Tax prepayment Receipt, or the Nonresident Seller’s Tax Declaration and tax payment to the county clerk’s office when the deed is recorded. No deed for the sale or transfer of real property shall be accepted or recorded by the county recording officer without the simultaneous filling of the appropriate forms with any required payment of the tax due or proof of payment.

Questions on Chapter 55 and the new Gross Income Tax estimated payment requirements should be directed to (609) 292-6400.

For the purposes of this law, county recording officers shall act as the agents of the Director of the Division of Taxation. County treasurers are permitted to retain $10.00 per filing of the Nonresident Seller’s Tax Declaration form to offset additional direct expenditures incurred by the county recording officer and the county treasurer for the implementation of these responsibilities.

Attorneys, title insurance officers, and participants in real property transfers are urged to forward the necessary closing documents to the county recording officer as soon as possible to facilitate the implementation of the new laws.

For additional information on the new rate increases, gross income tax requirements, or to download the newly devised Realty Transfer Fee forms, please visit the Division of Taxation’s Website at:

Division of Taxation
http://www.state.nj.us/treasury/taxation

NJ Realty Transfer Fee Information
http://www.state.nj.us/treasury/taxation/lpt/rtffaqs.shtml

Realty Transfer Fee Schedule – 2004
http://www.state.nj.us/treasury/taxation/pdf/lpt/feeschedover350.pdf

County/Municipal codes
http://www.state.nj.us/treasury/taxation/pdf/lpt/cntycode.pdf