N.J. Stat. tit. 46, ch. 26A

N.J. Stat. tit. 46, ch. 26A
in effect

N.J. Stat. § 46:26A-1 Definitions: document and recorded.

For the purpose of this chapter: a. "Document" includes both: (1) paper documents, and (2) electronic documents, documents created, communicated or stored by electronic means; b. A document is "recorded" if: (1) the document or its image has been placed in the permanent records of the recording office, and (2) the document has been indexed as provided by this chapter. Source: New L.2011, c.217, s.1.

N.J. Stat. § 46:26A-2 Documents that may be recorded.

Documents affecting real property entitled to recording are: a. deeds or other conveyances, releases, or declarations of trust of any interest; b. powers of attorney for conveyance or release of any interest; c. leases, or memoranda of leases, for life or a term not less than two years; d. mortgages or other conveyances in the nature of a mortgage; e. liens or encumbrances and releases of liens or encumbrances on any interest; f. assignments, discharges, cancellations, or releases; g. options and rights of first refusal; h. certified copies of judgments, decrees and orders of courts of record; i. reports of condemnation commissioners filed with the Superior Court; declarations of taking duly executed by executive officials of condemnors in accordance with section 17 of P.L.1971, c.361 (C.20:3-17); j. notices of federal tax liens, liens arising from the federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980," Pub.L.96-510 (42 U.S.C.s.9601 et seq.), and other federal liens, which any Act of Congress or regulation adopted pursuant to it provides for filing of notice in the recording office designated by a state, and certificates discharging such liens; k. restrictions affecting the real property or its use; l. notices of settlement as provided by this chapter; m. maps as provided by this chapter; n. condominium master deeds and unit deeds as defined by law; o. cooperative master declarations and proprietary leases as defined by law; p. any other document that affects title to any interest in real property in any way or contains any agreement in relation to real property, or grants any right or interest in real property or grants any lien on real property; and q. any other document relating to real property that is directed to be recorded by any statute or court order. Source: 46:16-1. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-3 Prerequisites for recording.

a. A document satisfies the prerequisites for recording if it appears from the document or the image of it delivered to the recording office that: (1) the document is in English or accompanied by a translation into English; (2) the document bears a signature; (3) the document (including a corrected document submitted for re-recording) is acknowledged or proved as provided by Title 46 of the Revised Statutes; (4) the names are printed beneath all signatures that appear on the document; (5) if the document is a deed conveying title to real property, it (a) fulfills the requirements of section 2 of P.L.1968, c.49 (C.46:15-6), (b) includes a reference to the lot and block number of the real property conveyed as designated on the tax map of the municipality at the time of the conveyance or the account number of the real property, (c) includes the name of the person who prepared the deed, and (d) includes the mailing address of the grantee. If the real property has been subdivided, the reference shall be preceded by the words "part of." If no lot and block or account number has been assigned to the real property, the deed shall state that fact, and (6) if the document is an assignment, release or satisfaction of a mortgage or an agreement respecting a mortgage, it states the book and page number or the document identifying number of the mortgage to which it relates if the mortgage has been given such a number. b. A document, whether made by an individual, corporation or other entity, is not required to be executed under seal, or to contain words referring to execution under seal. Source: 46:15-1.1; 46:18-1. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-4 Exceptions to prerequisites to recording.

Notwithstanding the prerequisites to recording in N.J.S.46:26A-3, the following may be recorded: a. documents that establish or evidence a trust under which a fiduciary has acquired real property if accompanied by an affidavit of the fiduciary that the document is an original trust document; b. ancient documents that cannot be acknowledged or proved because of the death or other disability of the grantors and subscribing witnesses, accompanied by an affidavit made by a person claiming to derive title from the document stating that the affiant truly believes that quiet, continuous, adverse and undisturbed possession of the real property has been enjoyed by virtue of the document for the period applicable for adverse possession; c. documents other than those listed in N.J.S.46:26A-2 that by their nature cannot be acknowledged or proved, accompanied by an affidavit made by a person claiming to derive title to the real property stating that the document is genuine and how the document relates to title to the real property; d. notices of federal tax liens, liens arising from the federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980," Pub.L.96-510 (42 U.S.C.s.9601 et seq.), and other federal liens, which any Act of Congress or regulation adopted pursuant to it provides for filing of notice in the recording office designated by a state, and certificates discharging such liens; e. maps as provided by P.L.2011, c.217 (N.J.S.46:26A-1 et al.); f. notices of settlement executed by an attorney at law or authorized representative of a party in accordance with P.L.2011, c.217 (N.J.S.46:26A-1 et al.); g. certified copies of: (1) judgments, decrees, or orders of any court of record and petitions filed in a United States Bankruptcy Court; (2) government issued documents affecting title to real property, including declarations of takings duly executed by executive officials of condemnors in accordance with section 17 of P.L.1971, c.361 (C.20:3-17); (3) documents recorded or filed in any public recording office in the United States; h. a recorded mortgage bearing an endorsement: (1) authorizing cancellation of the mortgage signed by the mortgage holder; and (2) made on the original mortgage that bears on it the receipt given by the county recording officer at the time it was recorded; and i. any other document that is permitted by another statute to be recorded or filed without acknowledgment. Source: 46:16-1.1; 46:16-4.1; 46:16-4.2; 46:16-4.3; 46:16-5.1; 46:16-7; 46:16-9; 46:16-10; 46:16-13; 46:16-14. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-5 Form of documents and maps; cover sheet or electronic synopsis.

a. To be accepted for recording, a document or its image shall be either: (1) legibly printed on paper no larger than 81/2 inches by 14 inches; or (2) in compliance with regulations on the form of documents promulgated by the Division of Archives and Records Management in the Department of State. b. A document or its image accepted for recording may be accompanied by a cover sheet or an electronic synopsis separate from the document or integrated with the document. The Division of Archives and Records Management in the Department of State shall establish forms for cover sheets and formats for electronic synopses. The form for a separate cover sheet shall be available at every recording office and on a web site maintained by the Division of Archives and Records Management. The cover sheet or electronic synopsis shall include: (1) the nature of the document; (2) the date of the document; (3) the names of the parties to the document and any other names by which the document is to be indexed; (4) if the document is a deed conveying title to real property: (i) the lot and block number or other real property tax designation of the real property conveyed or a statement that the information is not available; (ii) the consideration for the conveyance; (iii) the mailing address of the grantee; and (5) if the document is an assignment, release or satisfaction of a mortgage or an agreement respecting a mortgage, it states the book and page number or the document identifying number of the mortgage to which it relates if the mortgage has been given such a number. c. If the person submitting the document for recording does not include a cover sheet or electronic synopsis, the recording office shall charge an additional fee of $20 for the additional cost of indexing. d. To be accepted for recording, a map shall be clearly and legibly drawn in black ink on translucent tracing cloth, translucent mylars at least 4 mils thick or its equivalent, of good quality, with signatures in ink, or as an equivalent reproduction on photographic fixed line mylar 4 mils thick with signatures in black ink or its equivalent and accompanied by a cloth print or photographic fixed line mylar 4 mils thick duplicate; and one of six standard sizes: 8 1/2" x 13", 30" x 42", 24" x 36", 11" x 17", 18" x 24" or 15" x 21" as measured from cutting edges. If one sheet is not of sufficient size to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with references on each sheet to the adjoining sheets. e. The regulations of the Division of Archives and Records Management specifying the form of documents shall comply with rules, standards and procedures authorized by the State Records Committee pursuant to its authority under section 6 of P.L.1994, c.140 (C.47:1-12) and the "Destruction of Public Records Law (1953)," P.L.1953, c.410 (C.47:3-15 et seq.). f. A county recording office shall not be required to accept for recording a cover sheet or electronic synopsis pursuant to subsections b. and c. of this section until five years after the effective date of P.L.2011, c.217 (N.J.S.46:26A-1 et al.). This provision shall not operate to prevent or preclude any county recording officer from adopting the use of the document summary form or electronic synopsis prior to that date. Source: New; 46:19-3; 46:23-9.11. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-6 Duty to record; recording officer's books, methods.

a. The county recording officer shall record any document or map affecting the title to real property located in the county, delivered for recording, provided the document: (1) is in the form required by P.L.2011, c.217 (N.J.S.46:26A-1 et al.), (2) appears to comply with requirements for recording specified in P.L.2011, c.217 (N.J.S.46:26A-1 et al.), and (3) is accompanied by payment of any required fee and any state tax, if applicable, except that a State agency shall be afforded an opportunity to pay on a periodic basis on an account established with the county recording officer. b. Every document or map shall be recorded and indexed not later than two business days after its receipt. c. A document or map that is rejected shall be returned to the person who delivered it for recording with a statement of all grounds for its rejection within three business days after its receipt. d. When a document is recorded, a book and page number or other permanent, unique document identifying number shall be assigned to the document. e. Recording shall be done by a method that: (1) produces a clear, accurate and permanent image of a document, (2) allows the document to be found by use of the indexes maintained, and (3) is authorized by R.S.47:1-5 and is in conformance with rules, standards and procedures promulgated by the Division of Archives and Records Management in the Department of State and approved by the State Records Committee pursuant to its authority under section 6 of P.L.1994, c.140 (C.47:1-12) and the "Destruction of Public Records Law (1953)," P.L.1953, c.410 (C.47:3-15 et seq.); provided, however, that the Division of Archives and Records Management and the State Records Committee shall establish rules, standards, and procedures for recording in conjunction and collaboration with the county recording officers. f. For documents recorded before the effective date of P.L.2011, c.217 (N.J.S.46:26A-1 et al.), the recording office shall: (1) retain the documents or clear, accurate and permanent images of the documents, and (2) maintain indexes that allow the documents to be found. g. The Division of Archives and Records Management and the State Records Committee shall consult with the Office of Telecommunications and Information Systems in the Department of the Treasury in the development of general technical standards for record keeping. Notwithstanding any general technical standards developed pursuant to this section, the State Records Committee may adopt rules and regulations to authorize pilot programs for various individual counties in order to evaluate alternative technologies for the preservation of records. h. When a discharge, assignment, extension or postponement of a mortgage is recorded, the recording officer may make a marginal notation on the mortgage affected indicating the book and page number or document identifying number of the discharge, assignment, extension or postponement. Source: 46:19-1; 46:19-3; 46:8D-4. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-7 Receipts for documents presented for recording.

Upon request, the county recording officer shall: a. furnish a receipt for the document and fees paid; and b. return a copy of the document with the date and time it was received for recording, the fee paid, and the book and page number or other permanent, unique document identifying number assigned to the document. If the copy returned is a paper document, the information shall be endorsed on the document. If the copy returned is an electronic document, then the receipt shall be sent electronically. Source: 46:19-4; 46:19-5. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-8 Indexes; entries.

a. The county recording officer shall maintain one index of all recorded documents and may make other separate, classified, analytical or combination indexes. b. A deed or other conveyance shall be indexed by the names of its grantors and grantees, and also shall be indexed by the name of: (1) the testator or intestate if a deed or other conveyance is made by executors or administrators; (2) the person granting the power of attorney if a deed is made under power of attorney; (3) the defendants in the execution for which the sale was made if a deed is made by a sheriff; and (4) the person whose property has been conveyed if a deed is made by a person appointed to convey property by a court. c. A mortgage shall be indexed by the names of the mortgagors and mortgagees. d. An assignment, extension, postponement, modification or discharge of a mortgage shall be indexed by the names of the mortgagors, assignors and assignees. e. A trust instrument shall be indexed by the names of the parties to the instrument and in the names of beneficiaries if they appear. f. Any other document shall be indexed by the names of the parties to it. g. A document shall also be indexed by additional names requested by the person submitting the document for recording if an affidavit is presented at the time the document is presented for recording attesting to facts establishing the specific relationship of the names to the document submitted and the need for indexing the document by the additional names supplied. h. A document shall be indexed from the information supplied on its cover sheet or electronic synopsis if one is submitted. A recording officer shall not be liable for differences between the cover sheet or electronic synopsis and the document. i. If a law requires a notation be placed on or in the margin of any recorded or filed document, the statutory requirement for marginal notations shall be satisfied by recording and indexing the document. Source: 46:20-1; 46:20-3; 46:20-5; 46:19-2. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-9 Sequence of recording.

The county recording officer shall record and index documents in the order received. If two documents affecting the same property are submitted for recording by the same person and are received at the same time, the county recording officer shall record and index the documents in the order requested by the person who submitted them. Source: New; 46:19-3; 46:20-2. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-10 Documents filed as provided by other statutes.

When a statute outside of this chapter provides that a document relating to real property be filed rather than recorded: a. requirements for the form and content of the document shall be those established by the statute outside of this chapter; b. the document shall be recorded with all other documents affecting real property using the method established by subsection e. of N.J.S.46:26A-6 of this chapter; and c. the document shall be indexed with all other documents affecting real property as provided by N.J.S.46:26A-8 of this chapter. Source: New. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-11 Notices of settlement.

a. A party to a settlement which will convey an interest in real property, a mortgage on real property, or both, or the authorized representative of a party or a licensed title insurance producer, may execute a document titled "notice of settlement" and record it in the county recording office of the county in which the real property is located. The county recording officer may charge a fee not to exceed the fee charged for the recording of notices of federal tax liens. b. The notice of settlement shall be signed by a party to the settlement or a party's authorized representative and shall state the names of the parties to the settlement and a description of the real property. If the notice is executed by anyone other than an attorney at law of this State, the execution shall be acknowledged or proved in the manner of acknowledgment or proof of deeds. c. A notice of settlement shall be in substantially the following form: Name ...............................) Address ............................) (Seller or Mortgagor) NOTICE OF SETTLEMENT Name ...............................) Address ............................) (Purchaser or Mortgagee) NOTICE is hereby given of a .............................(contract, agreement or mortgage commitment) between the parties. THE lands to be affected are described as follows: Premises in the ........ of ........, (municipality) County of .............. and State of New Jersey, commonly known as .............................................. (street address) and more particularly described as follows: (legal description) Name of party or authorized representative ............................... Address ............................................................. (acknowledgment) d. A notice of settlement shall be effective for 60 days from the date of recording, unless it is terminated by the recording of a "discharge of notice of settlement." The effective period of a notice of settlement may be extended for one period of 60 days by recording an additional notice of settlement before the expiration or discharge of the notice of settlement. e. A discharge of notice of settlement shall be substantially in the form prescribed for a notice of settlement and shall be recorded by the party or authorized representative who recorded the notice of settlement. The recording officer shall record and index each discharge in the same fashion as a notice of settlement. f. Any person who claims an interest in or lien on the real property described in the notice of settlement arising during the time that a notice of settlement is effective shall be deemed to have acquired the interest or lien with knowledge of the anticipated settlement and shall be subject to the estate or interest created by the deed or mortgage described in the notice of settlement provided the deed or mortgage is recorded within the time that the notice is effective. Source: 46:16A-1 through 46:16A-5. L.2011, c.217, s.1.

N.J. Stat. § 46:26A-12 Effect of recording.

46:26A-12 a. Notwithstanding the provisions of P.L.2021, c.371 (C.47:1B-1 et al.), any recorded document affecting the title to real property is, from the time of recording, notice to all subsequent purchasers, mortgagees and judgment creditors of the execution of the document recorded and its contents. b. A claim under a recorded document affecting the title to real property shall not be subject to the effect of a document that was later recorded or was not recorded unless the claimant was on notice of the later recorded or unrecorded document. c. A deed or other conveyance of an interest in real property shall be of no effect against subsequent judgment creditors without notice, and against subsequent bona fide purchasers and mortgagees for valuable consideration without notice and whose conveyance or mortgage is recorded, unless that conveyance is evidenced by a document that is first recorded. L.2011, c.217, s.1; amended 2021, c.371, s.9.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026