Real Estate Deeds

New Jersey Warranty Deed

A warranty deed is a common real estate deed used in New Jersey to transfer title to real estate. The short form of a deed in the New Jersey Statutes section 46:4-1 allows for the insertion of covenants or restrictions. A warranty deed generally includes covenants of seizin, a covenant of general warranty, and covenants as to further assurances. In a covenant of general warranty, the grantor warrants that he or she will warrant and defend the property unto the grantee, his heirs, personal representatives, and assigns against the claims and demands of all persons (46:4-7). There is no requirement that the statutory form has to be used.

In order to record a warranty deed with a county clerk or register of deeds in New Jersey, it must be signed and acknowledged by the grantor, in addition to meeting other recording prerequisites as set by statute. To have a warranty 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. A warranty deed can be acknowledged in New Jersey or in another state.

Warranty deeds are recorded in New Jersey to provide constructive notice. Any recorded warranty 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 warranty 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). The warranty deed should be recorded in the county where the property is located. New Jersey Warranty Deed Forms Have Been Updated as Recently as Monday July 16, 2018