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.