New Jersey Statutes 46:26A-8. Indexes; entries
Terms Used In New Jersey Statutes 46:26A-8
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Intestate: Dying without leaving a will.
- 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Testator: A male person who leaves a will at death.
b. A deed or other conveyance shall be indexed by the names of its grantors and grantees, and also shall be indexed by the name of:
(1) the testator or intestate if a deed or other conveyance is made by executors or administrators;
(2) the person granting the power of attorney if a deed is made under power of attorney;
(3) the defendants in the execution for which the sale was made if a deed is made by a sheriff; and
(4) the person whose property has been conveyed if a deed is made by a person appointed to convey property by a court.
c. A mortgage shall be indexed by the names of the mortgagors and mortgagees.
d. An assignment, extension, postponement, modification or discharge of a mortgage shall be indexed by the names of the mortgagors, assignors and assignees.
e. A trust instrument shall be indexed by the names of the parties to the instrument and in the names of beneficiaries if they appear.
f. Any other document shall be indexed by the names of the parties to it.
g. A document shall also be indexed by additional names requested by the person submitting the document for recording if an affidavit is presented at the time the document is presented for recording attesting to facts establishing the specific relationship of the names to the document submitted and the need for indexing the document by the additional names supplied.
h. A document shall be indexed from the information supplied on its cover sheet or electronic synopsis if one is submitted. A recording officer shall not be liable for differences between the cover sheet or electronic synopsis and the document.
i. If a law requires a notation be placed on or in the margin of any recorded or filed document, the statutory requirement for marginal notations shall be satisfied by recording and indexing the document.
Source: 46:20-1; 46:20-3; 46:20-5; 46:19-2.
L.2011, c.217, s.1.