Recording a deed in Passaic County, New Jersey

Recording a deed in Passaic County

Deeds affecting property in Passaic County, New Jersey are recorded with the County Clerk. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.

The recording rules the office applies come from N.J.S.A. § 46:26A-1 et seq. Deeds themselves are governed by N.J.S.A. § 46:3-13.

What to bring

• The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
• A completed notarial acknowledgment, with the date, the place where you signed, and the commission expiry all filled in.
• Form RTF-1 (Affidavit of Consideration for Use by Seller) whenever an exemption is claimed or the deed does not state the full consideration, and a seller's residency form for each seller (Form GIT/REP-3, or Form GIT/REP-1 for a nonresident seller who owes estimated tax), which New Jersey requires alongside the deed.
• The cover sheet Deedly fills in from your deed on the county's own form, the Passaic County Document Summary Sheet, on top of the deed, with the few entries it leaves blank written in by hand. It lists what N.J.S.A. 46:26A-5(b) requires, and the county charges for it as a page; without one the county charges $20 more (N.J.S.A. 46:26A-5(c)).
• Payment for the recording fee, about $45 for the first page and roughly $10 per additional page. Many offices do not take personal checks.

Formatting

• New Jersey's only statutory format rule is that the document be legibly printed on paper no larger than 8.5 × 14 inches (N.J.S.A. 46:26A-5(a)). There is no statutory margin or type-size rule. The recording prerequisites are about content: names printed beneath all signatures, the municipal tax map's lot and block number (preceded by "part of" if the lot has been subdivided, or a statement that none is assigned), the preparer's name, and the grantee's mailing address (N.J.S.A. § 46:26A-3). Deedly asks for the lot and block in the Property step.
• Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3-inch clear space at the top of page one for the recording stamp, 1-inch margins on the other edges, and type no smaller than 10 point. Deedly formats every document this way automatically.
• A legal description. A street address alone is not enough.
• A 'when recorded, return to' block so the stamped original comes back to you.

How to file

1. 1In personTake the original to the County Clerk in Paterson. This is the fastest route. You usually walk out with the recording information the same day.
2. 2By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
3. 3E-recordingTitle companies, attorneys, and other approved submitters file electronically through services such as Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. If you prepared the deed yourself, in person or by mail is usually simpler.