Passaic County Recorder

The Registry of Deeds Division of the County Clerk's Office is responsible for recording and maintaining records in Passaic County.

Effective May 1, 2017, a cover sheet or an electronic synopsis will be required with all land documents submitted for recording. An additional fee of $20.00 will be charged for documents submitted without it.

To record the first page of a deed or easement and the tax abstract, the cost is $43. Each additional page is $10.

A mortgage is $33 for the first page. Each additional page is $10.

Indexing any recorded instrument with an excess of 5 names is $6 per each additional name.

A cancellation of a mortgage is $23.

All checks should be made payable to the Passaic County Clerk. Transfer tax payment should be drawn on an attorney's trust account or a certified check.

The realty transfer fee is calculated as follows:

For regular and new construction, the realty transfer fee is $2 per $500 of consideration not in excess of $150,000.

In excess of $150,000 (but not more than $200,000), the fee is $3.35 per $500 of consideration.

In excess of $200,000, the fee is $3.90 per $500.

For senior citizens, people who are blind, and people who are disabled, the fee is $1 per $1,000 up to $150,000.

Transactions over $150,000 have a transfer fee of $2.50 per $1,000.

* All instruments must be in English and must be properly acknowledged.

* Submit documents on white paper that is at least 8.5 x 11 inches but not larger than 8.5 x 14 inches.

* Signatures must be original with corresponding names typed or printed underneath.

* If an instrument is illegible, it will be returned unrecorded.

* On the first page, provide an adequate amount of space for the recording information. A 3-inch margin should be sufficient, but be sure to check with the county recorder before recording.

* All deeds must contain a "Prepared by" statement, which should include the name and signature of the person who drafted the instrument. This should be on the first page.

* The grantor must be named in the deed, and must also sign and have his/her signature acknowledged. In the case of an estate, provide the deceased's name.

* The grantee must also be named in the document. Provide the grantee's address, including zip code.

* Deeds must include the tax block and lot and the total consideration.

* If the property has not been subdivided, the reference should be preceded by the words "part of." If no lot and block or account number have been assigned to the real property, the deed should state this fact.

* A return address is required to be present on all documents. To help facilitate this process, a self-addressed stamped envelope should also be included.

* If recording a cancellation of mortgage, the original recording mortgage must be presented properly endorsed for cancellation.

* If re-recording a deed, state the reason for re-recording at the top of the first page. All changes in the document shall be initialed by the document preparer. A new acknowledgment is required. If the realty transfer fees were paid at the time of the original recording and the consideration amount has not changed, an affidavit will have to be filed with the new deed. A document will not be re-recorded if the changes are substantial enough that a new document should have been recorded.

* On transfers of new construction, the words "NEW CONSTRUCTION" should be printed clearly at the top of the first page of the deed, and an affidavit by the grantor stating that the transfer is of property upon which there is new construction shall be appended to the deed.

* A Seller's Residency Form must be attached to all deeds recorded after August 1, 2004.

For non-residents, estates, or trusts that sell or transfer real property in New Jersey, an estimated Gross Income Tax payment is required to be made prior to the recording of the deed. The payment must be made to the Division of Taxation prior to closing or at closing. A list of exemptions and further details can be found on the Division of Taxation webpage.

The Gross Income Tax forms apply to the grantor only.

AFFIDAVIT OF CONSIDERATION FOR USE BY SELLER

No county recording officer shall record any deed evidencing transfer of title to real property unless (a) the consideration is recited in the deed or (b) an affidavit by one or more of the parties named in the deed declaring the consideration is annexed for recording with the deed and (c) realty transfer fees are paid.

The affidavit must be annexed to and recorded with the deed when the entire consideration is not recited in the deed, acknowledgment, or proof of execution; when the grantor claims a total or partial exemption from the fee; Class 4 property that includes commercial, industrial, or apartment property; and for transfers of "new construction."

In the case of a deed, consideration means the actual amount of money and the monetary value of any other thing of value constituting the entire compensation paid or to be paid for the transfer, including the remaining amount of any prior mortgage to which the transfer is subject or which is assumed and agreed to be paid by the grantee and any other lien or encumbrance not paid, satisfied, or removed in connection with the transfer of title.