Title 46, Title 46: PROPERTY

46:14-4.2. Signatures 46:14-4.2. Signatures. For purposes of this title, a signature includes any mark made on a document by a person who thereby intends to give legal effect to the document. A signature also includes any mark made on a document on behalf of a person, with that p…

46:14-6.1 Officers authorized to take acknowledgments. 46:14-6.1. Officers authorized to take acknowledgments. a. The officers of this State authorized to take acknowledgments or proofs in this State, or in any other United States or foreign jurisdiction, are: (1) an attorney-at-…

46:15-10 Exemptions from realty transfer fee. 6. The fee imposed by this act shall not apply to a deed: (a) For a consideration, as defined in section 1(c), of less than $100.00; (b) By or to the United States of America, this State, or any instrumentality, agency, or subdivision…

46:15-10.1 Partial fee exemptions. 4. a. The following transfers of title to real property shall be exempt from payment of the State portion of the basic fee: (1) The sale of any one- or two-family residential premises which are owned and occupied by a senior citizen, blind perso…

46:15-10.2 Required provisions of annual appropriations act. 2. a. The annual appropriations act for each State fiscal year shall, without other conditions, limitations or restrictions on the following: (1) credit amounts paid to the State Treasurer, if any, in payment of fees co…

46:15-11. Rules and regulations 7. a. The Director of the Division of Taxation of the Department of the Treasury may prescribe such rules and regulations as the director may deem necessary to carry out the purposes of this act. b. Any person aggrieved by any action of the Directo…

46:15-15 Findings, declarations regarding discriminatory restrictive covenants in deeds. 1. The Legislature finds and declares: a. Restrictive covenants in deeds for real property that establish certain restrictions on the ownership or use of real property are prohibited by secti…

46:15-16 Actions regarding certain deeds with restrictive covenant references. 2. A deed recorded on or after January 1, 2022 shall not contain a reference to the specific portion of a restrictive covenant purporting to restrict the ownership or use of real property as prohibited…

46:15-17 "Certificate of Release of Certain Prohibited Covenants". 3. A restrictive covenant prohibited by section 4 of P.L.1945, c.169 (C.10:5-4) or subsection g. of section 11 of P.L.1945, c.169 (C.10:5-12) may be released by the owner of the real property subject to the restri…

46:15-18 Definitions; amendment of governing documents. 4. a. As used in this section: "Association" shall mean a homeowners' or property owners' association, cooperative corporation, condominium association, or planned community acting through a majority vote of its full board m…

46:15-5 Definitions. 1. As used in this act: (a) "Deed" means a written instrument entitled to be recorded in the office of a county recording officer which purports to convey or transfer title to a freehold interest in any lands, tenements or other realty in this State by way of…

46:15-6 Requirements for recording of deed evidencing transfer of title. 2. In addition to other prerequisites for recording, no deed evidencing transfer of title to real property shall be recorded in the office of any county recording officer unless it satisfies the following re…

46:15-6.1 Sale of real property by sheriff; procedure; rules and regulations. 1. Whenever an application is made to the sheriff of any county for the sale of any real property, whether under execution or pursuant to any other writ, judgment or order, the sheriff shall not proceed…

46:15-6.2 Certification required for recording deed. 3. No deed shall be recorded with a county recording office for a property to which an age restriction applies unless the certification required pursuant to P.L.2008, c.71 (C.45:22A-46.1 et al.) accompanies such filing and is r…

46:15-7 Realty transfer fees. 3. a. In addition to the recording fees imposed by section 2 of P.L.1965, c.123 (C.22A:4-4.1), a grantor shall pay to the county recording officer at the time the deed is offered for recording the following fees: (1) A basic fee, which basic fee shal…

46:15-7.1 Supplemental fee for conveyance, transfer of property. 2. a. For each conveyance or transfer of property, the grantor shall pay a supplemental fee of: (1) (a) $0.25 for each $500.00 of consideration or fractional part thereof not in excess of $150,000.00 recited in the …

46:15-7.2 Additional fee on certain transfers of real property over $1,000,000. 8. a. In addition to all other fees imposed under P.L.1968, c.49 (C.46:15-5 et seq.), there is imposed a fee upon the grantor of a deed for the transfer of real property: (1) that is classified pursua…

46:15-7.4 Refunding of fee on certain property transfers. 2. Notwithstanding the provisions of section 8 of P.L.2004, c.66 (C.46:15-7.2), for the transfer of real property that was made for consideration in excess of $1,000,000, provided that the deed was recorded on or before No…

46:15-8 County, State sharing of fee proceeds. 4. a. The proceeds of the fees collected by the county recording officer, as authorized by P.L.1968, c.49 (C.46:15-5 et seq.), shall be accounted for and remitted to the county treasurer. b. (1) The county portion of the basic fee co…

46:15-9 Falsifying consideration, failure to disclose new construction on deed and affidavits; penalty. 5. a. Any person who knowingly falsifies the consideration recited in a deed or in the proof or acknowledgment of the execution of a deed or in an affidavit annexed to a deed d…

46:16-15 Applicability of act to certain federal liens. 1. This act applies to 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 to other federal liens, notice of which under…

46:16-16 Filing of certificates, notices affecting liens. 2. Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the county recording officer of the county or counties wh…

46:16-17 Certification of notices of liens, certificates, etc. 3. Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate, or by any official or entity of the United States res…

46:16-18 Endorsement, fee. 4. a. If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate is presented to the county recording officer, he shall endorse thereon his identification and the date and time of receipt and forthw…

46:16-19 Fee for filing, indexing notice of lien, certificate, etc. 5. The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is: a. For a lien on real estate, $8; b. For a lien on tangible and intangible personal property, $8; c. For a ce…

46:18-11.2. Cancellation of mortgage after satisfaction 1. a. When any mortgage registered or recorded pursuant to R.S.46:17-1 et seq. shall be redeemed, paid and satisfied, a mortgagee, other than a bank, savings bank, savings and loan association, credit union or other corporat…

46:18-11.3 Penalty. 2. a. (1) If the mortgagee fails to comply with the applicable provisions of subsection a. or b. of section 1 of P.L.1975, c.137 (C.46:18-11.2), the mortgagor or the mortgagor's agent may serve the mortgagee with written notice of the noncompliance, which noti…

46:18-11.4 Failure to comply; liability. 3. Any mortgagee who fails to comply with section 1 of P.L.1975, c.137 (C.46:18-11.2) shall be liable to the mortgagor, or his heirs, successors or assigns who have an interest in the mortgaged premises for the cost of any legal action to …

46:18-11.5 Definitions relative to mortgage cancellations. 1. As used in this act: "Mortgage" means a residential mortgage, security interest or the like, in which the security is a residential property such as a house, real property or condominium, which is occupied, or is to be…

46:18-11.6 Conditions under which discharge of mortgage may be executed. 2. a. A person which is entitled to receive payment of a mortgage duly recorded or registered in this State pursuant to a written agreement, whether or not recorded, entered into with the holder or owner of …

46:18-11.7 Conditions for a discharge, satisfaction on the record. 3. a. An attorney-at-law of this State or a person duly licensed as an insurance producer pursuant to the "New Jersey Insurance Producer Licensing Act," P.L.1987, c.293 (C.17:22A-1 et seq.), in the line of title i…

46:18-11.8. Regulations 3. The Commissioner of Banking and Insurance may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of P.L.1975, c.137 (C.46:18-11.2 et seq.). L.1999,c.272,s.3…

46:18-13 Action to foreclose a mortgage. 1. a. Only the established holder of a mortgage shall take action to foreclose a mortgage. b. A person, or entity, is the "established holder of a mortgage" if that person, or entity, is: (1) the record holder of the mortgage as establishe…

46:23-9.17. Nonapplicability of P.L. 1997, c.211 to certain maps relating to construction bids advertised prior to July 1, 2001 1. a. The provisions of P.L.1997, c.211 shall not apply to the filing of any right of way parcel map in connection with projects for which construction …

46:24-1. Board of commissioners of land records; appointment; vacancies; compensation In every county of this State having more than two hundred thousand inhabitants, one hundred or more persons, being residents and freeholders of such county, may make application to the Superior…

46:24-10. Time for completion of maps and indexes The maps and indexes required by this chapter shall be completed and placed in the proper offices for public use on the first day of January next after the appointment of the commissioners under section 46:24-1 of this Title, unle…

46:24-11. Numbering and indexing maps in counties having block indexes; changes therein The commissioners of land records appointed under the provisions of the act entitled "An act to establish the use of local indexes for public records relating to land in certain counties in th…

46:24-12. Nominal combination and analytical indexes; use; fees If commissioners shall be appointed under section 46:24-1 of this title in any county, all nominal indexes in use in the county recording office of such county shall be continued as before, and every combination or a…

46:24-13. Entries in local or block indexes; maps, books and records public records; time for completion, certification and deposit All instruments in writing affecting land, in any county wherein local or block indexes shall be adopted as set forth in section 46:24-7 of this tit…

46:24-14. Entries on record or registry of instruments indexed in local indexes For the purpose of ready reference to the local indexes in counties adopting local indexes, and the discovery of errors of entry therein, every deed, mortgage or other instrument so entered shall have…

46:24-15. Order and time of entry of instruments in local or block indexes The county recording officer of any county in which local or block indexes shall be adopted shall enter every instrument received by him for record or registration on the local index in his office, in the …

46:24-16. Liability of county recording officer for errors or omissions The county recording officer of any county in which local or block indexes shall be adopted shall be liable for any loss or damage to any person interested, by reason of his failure to index an instrument as …

46:24-17. Indorsement of block number on instruments presented for record or registry All instruments presented to the county recording officer in counties adopting local or block indexes for recording or registering, shall be legibly indorsed by him with the number of the block …

46:24-18. Indorsement of land block number on instruments entered in local index In counties adopting local indexes as herein provided, every instrument entered in a local index shall, in addition to the other matters required by law, be indorsed by the county recording officer w…

46:24-19. Indexes as part of record of instruments and as notice of record, execution and contents thereof The local indexes directed by this chapter to be made and kept and the entries made therein shall, for the purpose of notice as aforesaid, be deemed and taken to be a part o…

46:24-2. Powers of commissioners as to procuring maps and indexes and as to expenditures If commissioners shall be appointed under section 46:24-1 of this Title, they may, in the name of the board of chosen freeholders of the county for which they shall be appointed, for the purp…