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All Bergen County specific forms and documents listed below are included in your immediate download package:
The Following New Jersey and Bergen County supplemental forms are included as a courtesy with your order.
County Cover Sheet (Bergen County Document)
Nonresident Seller Tax Declaration GIT/REP-1 (Bergen County Document)
Affidavit of Consideration for Seller / RTF-1 (Bergen County Document)
Certificate of Acknowledgment (Bergen County Document)
Resident Decedent Estate Tax Return (Bergen County Document)
Nonresident Seller Tax Prepayment Receipt GIT/REP-2 (Bergen County Document)
Affidavit of Consideration for Buyer / RTF-1EE (Bergen County Document)
Jurat (Bergen County Document)
Affidavit of Resident Decedent Requesting Real Property Tax Waiver / L-9 (Bergen County Document)
Seller Residency Certification/Exemption GIT/REP-3 (Bergen County Document)
Waiver of Seller Filing Requirement GIT/REP-4 (Bergen County Document)
Waiver for Corrected Deed GIT/REP-4a (Bergen County Document)
Seller Tax Form FAQs (Bergen County Document)
Affidavit of Consideration for Buyer / RTF-1EE (New Jersey Document)
Affidavit of Consideration for Seller / RTF-1 (New Jersey Document)
Seller Tax Form FAQs (New Jersey Document)
Waiver of Seller’s Filing Requirement of GIT/REP Forms and Payment GIT/REP-4 (New Jersey Document)
Affidavit of Resident Decedent Requesting Real Property Tax Waiver / L-9 (New Jersey Document)
Waiver for Corrected Deed GIT/REP-4a (New Jersey Document)
Resident Decedent Estate Tax Return (New Jersey Document)
Certificate of Acknowledgment (New Jersey Document)
Jurat (New Jersey Document)
Including:
In New Jersey, real property can be transferred from one party to another by executing a special warranty deed.
When a deed includes the statutory covenant that the grantor "will warrant specially the property hereby conveyed," it implies that the grantor and "his heirs and personal representatives, will forever warrant and defend the said property... against the claims and demands of all persons claiming by, through, or under him" (N.J.S.A. 46:4-8). So, a special warranty deed guarantees the title only against claims that arose during the time the grantor owned the property.
A lawful special warranty 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 special warranty deed 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 should meet all state and county standards of form and content for recorded documents.
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.
Attach an Affidavit of Consideration for Use By Seller (RTF-1) and an Affidavit of Consideration for Use By Buyer (RTF-1EE) to a deed transferring Class 4 property (residential, commercial, or industrial properties and apartments).
Record a Gross Income Tax Form (GIT/REP) with a deed when transferring real property in New Jersey. Consult the local recording office or tax assessor for guidance.
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.
This article is provided for informational purposes only and is not a substitute for legal advice. Speak to an attorney with questions about special warranty deeds or for any other issues related to transfers of real property in New Jersey.
The documents you receive here will meet, or exceed, the Bergen County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Bergen County Special Warranty 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 and local jurisdictions.
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