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Bargain and Sale Deed Form - Middlesex County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/14/2020
Bargain and Sale Deed Guide - Middlesex County
Line by line guide explaining every blank on the form.
Included document last updated 10/27/2020
Completed Example of the Bargain and Sale Deed Document - Middlesex County
Example of a properly completed form for reference.
Included document last updated 9/4/2020
*The Following New Jersey and Middlesex County supplemental forms are included as a courtesy with your order.
County Cover Page
This cover page is required to be part of any document affecting land title being recorded in Middlesex County, New Jersey. It is part of the recorded instrument and permanent record and should not be detached from the original document.
Gross Income Tax (GIT)
The Gross Income Tax form (GIT/REP) must be recorded with a deed when selling/transferring real property in New Jersey. Sellers must use one of the following forms: 1. Nonresident Seller's Tax Declaration 2. Nonresident Seller's Tax Prepayment Receipt 3. Seller's Residency Certification/Exemption 4. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment 4a. Waiver of Seller's Filing Requirement of GIT/REP Forms & Payment for Corrected Deed with no Consideration Each of these forms comes with its own instruction page. Consult the separate tax declaration information for further details.
Affidavit of Consideration
This affidavit must be recorded with all deeds - when entire consideration is not recited anywhere in deed, - when grantor claims total or partial exemption from fee, - for all Class 4 property that includes commercial, industrial, or apartment property, - and for transfers of “new construction.” Buyer's affidavit is required when the entire consideration is in excess of $1,000,000 and for every commercial property transfer.
Notary Certificates
The supplemental forms in this section can be used as loose certificates for notarization in the state.
Resident Decedent Forms
The NJ Estate Tax is in addition to the NJ Inheritance Tax. A tax is imposed upon the estate of every resident decedent having a date of death after December 31, 2001. A New Jersey estate tax return must be filed if the decedent’s Gross Estate exceeds $675,000. Form L-9 is an affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent. Do not file the affidavit with the county clerk, but send to NJ Division of Taxation, Inheritance and Estate Tax.
Including:
In New Jersey, real property can be transferred from one party to another by executing a bargain and sale deed with covenant as to grantor's acts.
Bargain and sale deeds are generally used to transfer the grantor's entire interest in the property at the time of conveyance without any warranties of title. Unlike quitclaim deeds, bargain and sale deeds imply that the grantor holds an actual interest in the property being conveyed. Additionally, in New Jersey, a bargain and sale deed with covenant as to grantor's acts includes a promise from the grantor that he or she has not encumbered the property (N.J.S.A. 46:4-6).
A lawful bargain and sale deed with covenant as to grantor's acts deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.
For New Jersey residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A conveyance to two or more unmarried persons is presumed to create a tenancy in common, unless otherwise stated. A conveyance to a married couple creates a tenancy by entirety, unless otherwise stated (N.J.S.A. 46:3-17, 46:3-17.3).
As with any conveyance of realty, a bargain and sale deed with covenant as to grantor's acts requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The deed must meet all state and county standards of form and content for recorded documents.
Sign the deed in the presence of a notary public or other authorized official. For a valid transfer, record the deed at the recording office in the county where the property is located. Contact the same office to confirm accepted forms of payment.
Deeds transferring new construction as the term is defined in N.J.S.A. 46:15-5(1)(g) should contain the words "NEW CONSTRUCTION" in all caps on the first page (N.J.S.A. 46:15-6(2)(c)).
If the conveyance is exempt from transfer taxes, explain why on the face of the deed. See N.J.S.A. 46:15-10 for transfer tax exemptions. A completed Affidavit of Consideration is required for deeds claiming exemption or partial exemption.
The Gross Income Tax Form (GIT/REP) must be recorded with a deed when transferring real property in New Jersey. Ask the local assessor or recording office for help choosing the correct version of the GIT/REP.
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about using bargain and sale deeds, or for any other issues related to transfers of real property in New Jersey.
Get your Middlesex County Bargain and Sale Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Middlesex County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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