Real Estate Deeds

New Jersey Bargain and Sale Deed

Bargain and Sale Deed with Covenants against the Grantor's Acts

The short form of a deed, provided in 46:4-1 of the New Jersey Revised Statutes can be used for a bargain and sale deed with covenants against the grantor's acts.

A bargain and sale deed with covenants as to the grantor's acts includes a promise from the grantor that he/she has done no act to encumber the property, which means that the grantor has not allowed anyone else to obtain legal rights that affect the property (46:4-6). This is one of the most commonly used forms in New Jersey for a conveyance of real property.

In order to record a bargain and sale deed with a county clerk or register of deeds in New Jersey, it must be signed and acknowledged by the grantor, and must meet other recording prerequisites as set by statute. To have a bargain and sale deed acknowledged, the grantor should appear before an officer specified in 46:14-6.1 and acknowledge that it was executed as the maker's own act. The officer taking the acknowledgment shall sign a certificate stating such acknowledgment or proof (46:14-2.1). Any of the officers listed in 46:14-6.1 of the New Jersey Revised Statutes are authorized to take acknowledgments or proof of deeds. Real estate deeds can be acknowledged in New Jersey or in another state.

A bargain and sale deed is recorded in New Jersey to provide constructive notice. Any recorded deed 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 recorded document and its contents (46:26A-12). A bargain and sale deed or other conveyance of an interest in real property in this state will not be effective against subsequent judgment creditors without notice, or 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 recorded first (46:26A-12). Real estate deeds should be recorded in the county where the property subject to the deed is located. New Jersey Bargain and Sale Deed Forms Have Been Updated as Recently as Tuesday May 15, 2018