New Jersey Statutes 46:26A-3. Prerequisites for recording
Terms Used In New Jersey Statutes 46:26A-3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements and hereditaments and all rights thereto and interests therein. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
(1) the document is in English or accompanied by a translation into English;
(2) the document bears a signature;
(3) the document (including a corrected document submitted for re-recording) is acknowledged or proved as provided by Title 46 of the Revised Statutes;
(4) the names are printed beneath all signatures that appear on the document;
(5) if the document is a deed conveying title to real property, it
(a) fulfills the requirements of section 2 of P.L.1968, c.49 (C. 46:15-6),
(b) includes a reference to the lot and block number of the real property conveyed as designated on the tax map of the municipality at the time of the conveyance or the account number of the real property,
(c) includes the name of the person who prepared the deed, and
(d) includes the mailing address of the grantee. If the real property has been subdivided, the reference shall be preceded by the words “part of.” If no lot and block or account number has been assigned to the real property, the deed shall state that fact, and
(6) if the document is an assignment, release or satisfaction of a mortgage or an agreement respecting a mortgage, it states the book and page number or the document identifying number of the mortgage to which it relates if the mortgage has been given such a number.
b. A document, whether made by an individual, corporation or other entity, is not required to be executed under seal, or to contain words referring to execution under seal.
Source: 46:15-1.1; 46:18-1.
L.2011, c.217, s.1.