Bill Text: NJ S2815 | 2016-2017 | Regular Session | Introduced
Bill Title: Makes technical change to law concerning title recordation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-12-05 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S2815 Detail]
Download: New_Jersey-2016-S2815-Introduced.html
Sponsored by:
Senator RONALD L. RICE
District 28 (Essex)
SYNOPSIS
Makes technical change to law concerning title recordation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning title recordation and amending P.L.2011, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.46:26A-3 is amended to read as follows:
46:36A-3. a. A document satisfies the prerequisites for recording if it appears from the document or the image of it delivered to the recording office that:
(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. 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,
(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.
(cf: P.L.2011, c.217, s.1)
2. This act shall take
effect immediately.
STATEMENT
This bill would make a technical change to N.J.S.46:26A-3, concerning the recording of documents.
N.J.S.46:26A-3 lists a number of criteria that a document conveying real property must satisfy in order to be recorded in a county recording office. One of the requirements in paragraph (5) of subsection a. of the statute requires that the document includes the mailing address of the grantee of the real property that is the subject of the document being recorded. That paragraph also contains language making an additional requirement if the real property has been subdivided. Sub-subparagraph (b) of paragraph (5) requires the document being recorded to contain the lot and block numbers of the real property being conveyed. Sub-subparagraph (d) of that section requires the document to include the mailing address of the grantee, and also contains language requiring that if the real property that is the subject of the title document has been subdivided, the reference shall be preceded by the words "part of." Subparagraph (d) also requires that if no lot and block or account number has been assigned to the real property, the deed shall state that fact.
With the exception of the requirement to include the mailing address of the grantee, this bill would move the language in sub-subparagraph (d), concerning subdivided property, to sub-subparagraph (b), where it more naturally fits with the existing requirement to include block and lot information. This bill has been introduced at the request of the New Jersey Law Revision Commission, in order to make the language of the statute more fully reflect the Legislature's original intent.
