New Jersey Documents

In New Jersey, real property can be transferred from one party to another by executing a quitclaim deed.

Quitclaim deeds are identifiable by the word "release" in the granting clause, and they function to terminate whatever interest the grantor holds at the time of the transfer (N.J.S.A. 46:5-2). In New Jersey, conveyances in which the grantor remises, releases, or quitclaims interest in real property to the grantee without reservations "pass all the estate which the grantor could lawfully convey by deed of bargain and sale" (N.J.S.A. 46:5-3). This means that a quitclaim deed transfers the same quality of title as a bargain and sale deed. Quitclaim deeds differ from bargain and sale deeds, however, in that they do not include a promise from the grantor that he or she has not encumbered the property (N.J.S.A. 46:4-6).

A lawful quitclaim 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... More Information about the New Jersey Quitclaim Deed

Gifts of Real Property (Real Estate) in New Jersey

A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee). A gift deed typically transfers real property between family or close friends. Gift deeds are also used to donate to a non-profit organization or charity. The deed serves as proof that the transfer is indeed a gift and without consideration (any conditions or form of compensation).

Valid deeds must meet the following requirements: The grantor must intend to make a present gift of the property, the grantor must deliver the property to the grantee, and the grantee must accept the gift. Gift deeds must contain language that explicitly states no consideration is expected or required, because any ambiguity or reference to consideration can make the deed contestable in court. A promise to transfer ownership in the future is not a gift, and any deed that does not immediately transfer the interest in the property, or meet any of the aforementioned requirements, can be revoked [1].

A lawful gift deed must also include the grantor's full name and marital status,... More Information about the New Jersey Gift Deed

In New Jersey, real property can be transferred from one party to another by executing a warranty deed.

Warranty deeds contain the covenants of seizin, right to convey, quiet possession, freedom from encumbrances, and further assurances, in addition to the covenant of warranty (N.J.S.A. 46:4-3 through 4-5, 46:4-10). In New Jersey, when a deed includes a covenant that the grantor "will warrant generally the property hereby conveyed," it is implied 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" (N.J.S.A. 46:4-7). These covenants provide the grantee (buyer) a high level of protection against claims on the title.

A lawful 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 convey... More Information about the New Jersey Warranty Deed

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 cr... More Information about the New Jersey Special Warranty Deed

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... More Information about the New Jersey Bargain and Sale Deed

New Jersey's Condominium Act is codified under 46:8B of the New Jersey Statutes.

A condominium is a form of ownership, established by a master deed, "providing for ownership by one or more owners" in units, together with an undivided interest in the common elements appurtenant to each unit (N.J.S.A. 46:8B-3(h)). Common elements are those described in the master deed, which are "necessary or convenient to the existence, management, operation, maintenance and safety of the condominium property or normally in common use," such as hallways, lobbies, stairways, elevators, central utilities, gardens, or any such improvement intended for common use (46:8B-3(d)).

Units are part of a condominium property intended for independent use, having a direct exit to a public street or way or to a common element or common elements leading to a public street or way, together with their proportionate undivided interest in the common elements (46:8B-3(o)). Unit owners hold title to units in fee simple (46:8B-3(q)).

A unit deed is a conveyance of a unit in recordable form (46:8B-3(p)). The content requirements are established at N.J.S.A. 46:8B-10. All unit deeds require the name of the condomini... More Information about the New Jersey Bargain and Sale Deed Condominium

This Mortgage and Promissory Note have stringent default provisions that are typically suited for owner financing or private lender when financing residential property, small commercial property, rental property (up to 4 units), Condominiums, planned unit developments and vacant land.

DEFAULT. The Lender may declare that Borrower is in default on the Note and this Mortgage if:
(a) Borrower fails to make any payment required by the Note and this Mortgage within fifteen (15) days after its due date;
(b) Borrower fails to keep any other promise in this Mortgage;
(c) The ownership of the Property is changed for any reason;
(d) The holder of any lien on the Property starts foreclosure proceedings;
(e) Bankruptcy, insolvency or receivership proceedings are started by or against Borrower; or
(f) Borrower defaults with respect to any other loan from Lender to an affiliate of Borrower.

PAYMENTS DUE UPON DEFAULT. If the Lender declares that Borrower is in default, Borrower must immediately pay the full amount of all unpaid principal, interest, other amounts due on the Note and this Mortgage and the Lender's costs of collection and reasonable attorney fees.

The Promissory Not... More Information about the New Jersey Mortgage Secured and Promissory Note

Use this form to assign an existing mortgage to another entity per NJ Rev Stat 46:9-9 which states: 46:9-9. All mortgages on real estate in this State, and all covenants and stipulations therein contained, shall be assignable at law by writing, whether sealed or not, and any such assignment shall pass and convey the estate of the assignor in the mortgaged premises, and the assignee may sue thereon in his own name, but, in any such action by the assignee, there shall be allowed all just set-offs and other defenses against the assignor that would have been allowed in any action brought by the assignor and existing before notice of such assignment.

Current Borrowers must be notified of the assignment. Notification consists of contact information of the new creditor, recording dates, recording instrument numbers, changes in loan, etc. Included are "Notice of Assignment of Mortgage" forms.

The Truth and lending act requires that borrowers be notified when their Mortgage has been sold, transferred, or assigned to a new creditor. Generally, within 30 days to avoid up to $2,000.00 in statutory damages, plus reasonable attorney's fees. Systematic violations can reach up $500,000.00.
... More Information about the New Jersey Assignment of Mortgage

Use this form to release a previously recorded mortgage document when it is (paid and satisfied.) the lender/releasor to avoid penalty, generally has 30 days after notification that the loan has been paid to release a mortgage document. For use by lender/mortgagee, (a bank, savings bank, savings and loan association, credit union or other corporation engaged in the business of making or purchasing mortgage loans.) (46:18-11.2 (1a))

((2) The mortgagee shall have the right to receive from the mortgagor the amount of the fee charged by the county recording officer to cancel the mortgage plus an additional service fee from the mortgagor, which service fee shall not exceed $25 or such higher amount which the Commissioner of Banking and Insurance may approve by regulation, provided the mortgagor has received notice of the fees required by the mortgagee. The mortgagee may collect the service fee at the time of the mortgage transaction or at the time the mortgage is redeemed, paid and satisfied. The fee charged by the county recording officer to cancel the mortgage of record shall be collectible at the time the mortgage is redeemed, paid and satisfied.) ((46:18-11.2 (2))

(c. If the ... More Information about the New Jersey Release of Mortgage

Frequent easements in New Jersey include public utility easements, driveway easements, and easements for encroachments. An easement is the right to use another person's property for a specific purpose, and can be either affirmative or negative. Easements in this state are typically created by an express grant, which is often a formal agreement between the parties involved, which is then set forth in a recorded easement deed. The easement deed should specify the terms and duration of the easement. An easement obtained for the purpose of exposure of a solar energy device can be created in writing and will be subject to the same conveyancing and recording requirements as other easements (46:3-25).

In order to be eligible for recording, an easement deed should be signed by the grantor and acknowledged before an officer specified in 46:14-6.1 of the New Jersey Statutes. Deeds may be acknowledged in New Jersey or in another state. The officer taking the acknowledgment should sign a certificate stating such acknowledgment or proof, which will be recorded with the easement deed (46:14-2.1).

The act of recording an easement deed provides constructive notice of the contents. Any record... More Information about the New Jersey Easement Deed

Use this form to release, terminate, extinguish a previously recorded document that involves access to and from a property.
Documents such as:
1. Easement Deeds or Agreements (An easement is a non-possessory interest in land, granting the right to use someone else's property for a specific purpose, like a driveway or utility line)
2. Access Roads
3. Right of Ways
4. Utility Easements (Power, Gas, Water, Sewer, Etc.)
5. Drainage Easements

This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, ... More Information about the New Jersey Termination of Easement

A personal representative's deed is a fiduciary instrument executed by a personal representative that conveys interest in real property from a decedent's estate to a devisee, heir, or purchaser.

In New Jersey, personal representatives (PRs) are appointed by the Surrogate Court following the opening of probate of a decedent's estate, and are responsible for settling and distributing the estate in accordance with any probated or applicable law of intestacy, and in the best interests of the estate (N.J.S.A. 3B:10-23).

A PR may be referred to as either an executor or an administrator, depending on the testacy status of the decedent. When a decedent dies testate (with a will) naming an executor of his or her estate, the court issues letters testamentary authorizing him or her as executor. When a decedent dies intestate (without a will) or when a will does not name an executor, the court issues letters of administration authorizing the heir or other applicant desiring letters as administrator.

Typically, a PR deed in New Jersey carries a covenant as to grantor's acts under N.J.S.A. 46:4-6. This means that the grantor (the estate's executor or administrator) promises that he o... More Information about the New Jersey Personal Representative Deed

Transferring Living Trust Property in New Jersey

A trust is an arrangement whereby a settlor transfers his property to another person (trustee) for the benefit of another (beneficiary). Trusts containing real property are estate planning tools governed by the terms of the trust instrument, an unrecorded document executed by the settlor. In a living trust, the settlor generally serves as the trustee or co-trustee of the trust. Living trusts take effect during the settlor's lifetime, and also allow the settlor to determine how his assets will be administered in the event of his death. The settlor conveys real property to the trust by executing and recording a deed.

As of July 2016, New Jersey is among 31 states, together with the District of Columbia, to have enacted some version of the Uniform Trust Code, which "provides a comprehensive model for codifying the law on trusts" on a national scale [1]. The New Jersey Uniform Trust Code is codified at Title 3B, Chapter 31 of the New Jersey Statutes.

Under the Trust Code, trustees are authorized to exercise powers conferred by the terms of the trust, except where the terms of the trust limit powers and where there are express ... More Information about the New Jersey Trustee Deed

Use the corrective deed to correct an error in a previously recorded warranty, special warranty, or quitclaim deed in New Jersey.

Once a deed has been recorded, it cannot be changed and remains part of the public record. It is possible, however, to amend that record by adding a newly executed deed. The method used depends upon the reasons for changing. For corrections or omissions in the existing deed, file a corrective deed, or re-record the original deed after making the changes on it. In order to include/omit a name from the existing deed, however, a new standard conveyance, such as a warranty or quitclaim deed from the current owner (instead of the original grantor), may be more appropriate.

The errors usually adjusted by a corrective deed are minor omissions or typographical mistakes, sometimes called scrivener's errors. Among those are misspelled names, omitted or wrong middle initial, a minor error in the property description, or an omitted execution date. The corrective deed, also called deed of correction or deed of confirmation, must state that its sole purpose is to correct a specific error, which is usually identified by type. For example: an error in the granto... More Information about the New Jersey Correction Deed

This General Durable Power of Attorney allows you to appoint an attorney-in-fact/agent to perform broad and sweeping powers that you could do if personally present. It allows for a successor/alternate agent in the case the original agent can't or won't act. This document is formatted for recording.

Interpretation and Governing Law: This instrument is executed and delivered in the State of New Jersey and the laws of the State of New Jersey shall govern all questions as to the validity of this power and the construction of its provisions.

Third Party Reliance: N.J.S.A. 46:2B-8.6 authorizes that third parties may rely upon the representations of my Agent as to all matters relating to any power granted to my Agent, and no person who may act in reliance upon the representations of my Agent or the authority granted to my Agent shall incur any liability to me or my estate as a result of permitting my Agent to exercise any power.

N.J.S.A. 46:2B-8.11 authorizes any third party to rely on a duly executed counterpart of this instrument, or a copy certified by my Agent to be a true copy of this original hereof, as fully and completely as if such third party had received the original o... More Information about the New Jersey General Durable Power of Attorney

This is a Limited or Specific Power of Attorney in which the first party, Principal authorizes a second Party, Attorney-in-fact, to purchase a certain property on your behalf. In this power of attorney, you are permitting the Attorney-in fact to do all acts that you might or could have done in the purchase of a specific property. This form is durable (shall remain effective even if you become disabled or incompetent) and is governed by the laws of New Jersey.

(New Jersey SPOA-Purchase Package includes form, guidelines, and completed example)... More Information about the New Jersey Power of Attorney for the Purchase of Property

This is a Limited or Specific Power of Attorney in which the first party, Principal authorizes a second Party, Attorney-in-fact, to sell a certain property on your behalf. In this power of attorney, you are permitting the Attorney-in fact to do all acts that you might or could have done in the SALE of a specific property. A "Special Instructions" section is included, where the preparer can further limit or define the powers of the Agent. This form is durable (shall remain effective even if you become disabled or incompetent) and is governed by the laws of New Jersey.

(New Jersey SPOA-Sale Package includes form, guidelines, and completed example)... More Information about the New Jersey Power of Attorney for the Sale of Property

A beneficiary of an interest in property in New Jersey can renounce all or part of a bequeathed interest in, or power over, that property under N.J.S. 3B:9-2(b), as long as it has not been accepted through actions that indicate ownership or through a written waiver of the right to disclaim.

The written disclaimer should identify the creator of the interest, provide a description of the disclaimed interest, a declaration of the disclaimer and its extent, and it must be signed by the disclaiming party.

File the disclaimer within nine months of the transfer (e.g., the death of the creator of the interest) in the office of the surrogate or clerk of the Superior Court where proceedings for the administration of the estate have commenced or could commence (N.J.S. 3B:9-6(a)). In the case of real property, the surrogate or clerk of the Superior Court will forward a copy of the disclaimer for filing to the clerk or register of deeds in the county where the property is located (N.J.S. 3B:9-6(d)). In addition, the disclaimer must be delivered to the personal representative of the decedent's estate or the trustee (N.J.S. 3B:9-6(a)).

A disclaimer is irrevocable and binding for the di... More Information about the New Jersey Disclaimer of Interest

Lis Pendens is Latin for "litigation pending". Think of Lis Pendens as "notice of lawsuit". Once recorded this gives notice to the world that there is litigation pending over a parcel of real property. A buyer would be held subject to the outcome of the litigation. This greatly discourages any transfer of title until litigation is resolved. Common uses of a Lis Pendens are: Quit Title Action, Mechanic's Lien, Foreclosure, and part of a divorce proceeding (usually when the property is in one parties name).

N.J.S.A.2A:15-6. Written notice of pendency of action; contents

In every action, instituted in any court of this State having civil jurisdiction or in the United States District Court for the District of New Jersey, the object of which is to enforce a lien upon real estate or to affect the title to real estate or a lien or encumbrance thereon, plaintiff or his attorney shall, after the filing of the complaint, file in the office of the county clerk or register of deeds and mortgages, as the case may be, of the county in which the affected real estate is situate, a... More Information about the New Jersey Lis Pendens

When a case has been resolved or Plaintiff wishes to abandon, a "Discharge of Lis Pendens" should be filed to notify all parties.

2A:15-17. Discharge of lis pendens when judgment is paid, satisfied or action settled or abandoned

When a judgment made in an action, of the pendency of which notice has been filed as herein provided, is paid, satisfied or performed, or the action has been settled by the parties thereto or has been abandoned by plaintiff therein, a statement of such payment, satisfaction, performance, settlement or abandonment shall be entered by the county clerk or register of deeds and mortgages in whose office the notice has been filed, upon the receipt and filing by him of a warrant for that purpose, executed by the party who filed the notice, or his attorney, as warrants to satisfy judgments are required to be executed.

If the judgment has been paid, satisfied or performed or the action has been settled or abandoned as aforesaid, but the party who filed the notice of lis pendens fails to file the warrant stated, the court having jurisdiction of the action may, upon being satisfied of the fact of such payment, satisfaction, performance, settlement or ab... More Information about the New Jersey Lis Pendens Discharge

Trusts in New Jersey are governed by the New Jersey Uniform Trust Code (NJSA 3B:31). A trust is an estate planning vehicle whereby one person (the settlor) transfers assets to another person (the trustee), who holds them for the benefit of another (the beneficiary). The settlor establishes the terms of the trust in an unrecorded document called a trust instrument.

When a trustee enters into a transaction involving real property held in the trust, additional documentation confirming the trustee's authority to act on behalf of the trust may be requested. To maintain the trust's privacy, the trustee may provide a certificate of trust under 3B:3-81 to parties outside of the trust arrangement instead of furnishing the entire trust instrument.

The certificate, signed by all acting trustees of the trust in the presence of a notary public, provides the recipient with only the information about the trust necessary for the transaction at hand. Recipients of a certificate may rely on the information provided within as factual (requesting the entire trust instrument opens the recipient to certain liabilities under 3B:31-81(g)). The document certifies that the trust is in existence and t... More Information about the New Jersey Certificate of Trust