Real Estate Deeds

New Jersey Special Warranty Deed

A special warranty deed can be used in New Jersey to transfer title to real property. The New Jersey Statutes provide a short form deed and covenants, but there are no requirements that the statutory form has to be used in a conveyance of real property (46:4-1). When a grantor covenants in a deed "that he will warrant specially the property hereby conveyed," it will have the same effect as if the grantor had covenanted that he, his heirs, and personal representatives, will forever warrant and defend the granted premises unto the grantee, his heirs, personal representatives, and assigns, against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him (46:4-8).

A special warranty deed must be signed and acknowledged by the grantor in order to be recorded by a New Jersey county clerk or register of deeds. The grantor should appear before an officer specified in 46:14-6.1 to have the deed acknowledged or proved. The officer taking the acknowledgment or proof should sign a certificate stating such acknowledgment or proof (46:14-2.1). A special warranty deed can be acknowledged in New Jersey or in another state if executed and acknowledged according to the laws of such state. Acknowledgments or proof of a deed can be taken by any of the officers listed in 46:14-6.1 of the New Jersey Statutes.

Special warranty deeds are recorded in the county where the property is located. Recording a special warranty deed in New Jersey will provide constructive notice of the contents. Once the special warranty deed is recorded, it is notice to all subsequent purchasers, mortgagees, and judgment creditors of the execution of the recorded deed and its contents (46:26A-12). In New Jersey, a special warranty deed or other conveyance of an interest in real property 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). New Jersey Special Warranty Deed Forms Have Been Updated as Recently as Tuesday April 24, 2018