New Jersey Statutes 46:26A-6. Duty to record; recording officer’s books, methods
Terms Used In New Jersey Statutes 46:26A-6
- 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
- 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) is in the form required by P.L.2011, c.217 (N.J.S. 46:26A-1 et al.),
(2) appears to comply with requirements for recording specified in P.L.2011, c.217 (N.J.S. 46:26A-1 et al.), and
(3) is accompanied by payment of any required fee and any state tax, if applicable, except that a State agency shall be afforded an opportunity to pay on a periodic basis on an account established with the county recording officer.
b. Every document or map shall be recorded and indexed not later than two business days after its receipt.
c. A document or map that is rejected shall be returned to the person who delivered it for recording with a statement of all grounds for its rejection within three business days after its receipt.
d. When a document is recorded, a book and page number or other permanent, unique document identifying number shall be assigned to the document.
e. Recording shall be done by a method that:
(1) produces a clear, accurate and permanent image of a document,
(2) allows the document to be found by use of the indexes maintained, and
(3) is authorized by R.S.47:1-5 and is in conformance with rules, standards and procedures promulgated by the Division of Archives and Records Management in the Department of State and approved by the State Records Committee pursuant to its authority under section 6 of P.L.1994, c.140 (C. 47:1-12) and the “Destruction of Public Records Law (1953),” P.L.1953, c.410 (C. 47:3-15 et seq.); provided, however, that the Division of Archives and Records Management and the State Records Committee shall establish rules, standards, and procedures for recording in conjunction and collaboration with the county recording officers.
f. For documents recorded before the effective date of P.L.2011, c.217 (N.J.S. 46:26A-1 et al.), the recording office shall:
(1) retain the documents or clear, accurate and permanent images of the documents, and
(2) maintain indexes that allow the documents to be found.
g. The Division of Archives and Records Management and the State Records Committee shall consult with the Office of Telecommunications and Information Systems in the Department of the Treasury in the development of general technical standards for record keeping. Notwithstanding any general technical standards developed pursuant to this section, the State Records Committee may adopt rules and regulations to authorize pilot programs for various individual counties in order to evaluate alternative technologies for the preservation of records.
h. When a discharge, assignment, extension or postponement of a mortgage is recorded, the recording officer may make a marginal notation on the mortgage affected indicating the book and page number or document identifying number of the discharge, assignment, extension or postponement.
Source: 46:19-1; 46:19-3; 46:8D-4.
L.2011, c.217, s.1.