Recording Requirements

PUBLIC NOTICE:  The Clerk’s Office is experiencing delays in the recording of its land documents — which now may take as much as 6-8 weeks from the time of receipt. Please know that Clerk staff are working hard to meet demand. We ask your patience during these trying times.

General Requirements

A filed document is retained by the Clerk’s office. A recorded document is returned by mail within several days. Make sure your name and address are on the document(s) and accompanying letter of transmittal to ensure return of your recorded document(s). Send a self-addressed, stamped envelope for return of your original document(s) — NOTE: return envelopes should be the same size as the envelope used to send the documents.

All documents sent in for recording must include the county’s Recording Cover Sheet; if the cover sheet is not included, a $20 indexing fee will be assessed. Submitted documents must be legible and written in English, or they will be returned unrecorded. Click here for a list of common errors that result in a document’s being rejected. (pdf)

Informal acknowledgement of the recorded transaction can be furnished free of charge, providing that a copy of the document is enclosed along with a postage-paid, self-addressed envelope.

All names must be typed or printed beneath all signatures.

General Recommendations

  • Include legible name & phone number of person to contact for problems.
  • Leave adequate space on first page for recording label.
  • Do not use highlighter other than yellow.

Fees

All fees under New Jersey Law are payable in advance of filing or recording. Recording fees may be drawn from regular checking accounts, but Realty Transfer Fees must be drawn on Attorney Trust accounts. Make checks payable to: Jeff Parrott, County Clerk.

If you are unsure of the exact fee that you will be charged for your recording, send a check in blank, limited to a higher stated amount (e.g., Not more than $40.00).

Click to view a complete list of fees by document type.

Click to view requirements for »

Regarding Deeds
  • ALL deeds recorded in New Jersey (with the exception of Sheriff’s Deeds) after AUGUST 1, 2004 must have the appropriate SELLER’S RESIDENCY FORM attached. An explanation of the different forms can be found under NJ GROSS INCOME TAX.” Additionally, deeds with a consideration over 1 million dollars also must have an Affidavit of Consideration for the Buyer with the necessary Realty Transfer Tax. See Affidavits of Consideration for further explanation.
  • The signature of the person who prepared the document preceded by the words “Prepared By” with their name typed or printed beneath. This must appear on the first page of the document.
  • If new construction, the deed must state “NEW CONSTRUCTION” on the face of the document; new construction also must include an Affidavit of Consideration.
  • Grantor’s name(s), in the case of an estate the deceased’s name also.
  • Grantee’s name(s) and complete mailing address, including zip code.
  • Amount of consideration clearly stated in either the body of the deed, the acknowledgement, or the affidavit of consideration, plus the balance of any assumed mortgage.
  • Realty Transfer Tax fees must be paid at time of recording (For computation of the tax, exemptions, etc., see: RS 46:15-5 et seq.).
  • The current tax lot and block numbers of the municipality where the property is located preceded by the words “from the current official tax map of_____.”
  • Grantor(s) name typed or printed below signature(s).- All grantors’ signatures must be acknowledged.- Acknowledgement must include the state and county where it is taken.
  • The deed document and the acknowledgement must be dated.
  • Acknowledgement must contain the name(s) of the person(s) who appeared before the official taking the acknowledgement.
  • Acknowledgement must be signed by an Attorney or a Notary Public with their name, title, expiration date & jurisdiction typed or printed beneath their signature.
  • Affidavit of consideration is required to be recorded with all deeds claiming exemption or partial exemption from NJ Realty Transfer Tax. The Affidavit must contain the following information.- Section 1 must be completed.- Amount of consideration.- Reason for full exemption must be written out.- The appropriate a.b.c. or d. box must be completed for partial exemption.- Signed by deponent.- Names and addresses of grantor and deponent.- Notarized, with the name, title, jurisdiction and expiration date of the notary typed, stamped or printed beneath the signature.** Refer to the back of the Affidavit for complete instructions. Affidavits or GIT/REP forms should not be sent in with easements.
  • Recording fees: $40.00 first page (this includes $10.00 for abstract), $10.00 each additional printed page (only the front page of the Affidavit and GIT/REP forms are recorded), and any realty transfer tax due.
  • Indexing each name over five names is $6.00 per name.
Lis Pendens (OTHER THAN FORECLOSURE)
  • Object of the Lis Pendens must be stated.
  • Legal description of property.
  • Signature of plaintiff or their attorney.
  • Date when complaint was filed in Superior Court.
  • Recording fee: $30.00 first page, $10.00 per additional printed page.
  • The County Clerk’s office retains the original. If you want a ‘stamped copy’ please include a copy to be returned.
Lis Pendens Foreclosure
  • Object of the Lis Pendens must be stated.
  • Book & page number and Instrument number of mortgage or tax sale certificate must be stated.
  • Legal description of mortgaged property.
  • Date when complaint was filed in Superior Court.
  • Signature of plaintiff or their attorney.
  • Recording fee: $30.00 plus $10.00 notation fee.
  • The County Clerk’s Office retains the original. If you want a ‘stamped copy’ please include a copy to be returned.
Regarding Mortgages
  • Mortgagor(s) full name.
  • Mortgagee’s full name.
  • Property description – the property description must state the municipality it is located in within Sussex County – THE PROPERTY ADDRESS IS NOT SUFFICIENT.
  • Signature(s) of mortgagor with name typed or printed beneath.
  • Mortgagor(s) signatures must be acknowledged.
  • Acknowledgement must include state and county where it is taken.
  • Document and Acknowledgement must be dated.
  • Acknowledgement must contain the name(s) of the person(s) who appeared before the person taking the acknowledgement.
  • Acknowledgement must be signed by an Attorney or Notary Public with their name, title, expiration date & jurisdiction typed or printed beneath signature.
  • Recording fees: $30.00 first page, $10.00 each additional page.
Assignments of Mortgage
  • Full name of assignor.
  • Full name of assignee.
  • Book & Page number (only for mortgages recorded prior to 3/2000) or Instrument number (for all mortgages recorded after 3/2000) of each mortgage being assigned. The recording information of any re-recorded mortgages must also be included.
  • Signature(s) of assignor with name(s), and title when applicable, typed or printed beneath signature.
  • Assignors’ signature(s) must be acknowledged**.
  • Property description- i.e. block & lot & municipality.
  • Recording fees: $30.00 first page, $10.00 each additional printed page, and $10.00 notation for each mortgage noted.
Cancellation of Mortgage The procedure for cancelling a mortgage in New Jersey is for the legal holder(s) of the mortgage to sign a statement ON the original recorded mortgage document. This statement cannot be on a separate page or on the note. The following format is acceptable: DATE Satisfaction of the within mortgage having been received in full, the County Clerk of Sussex County, New Jersey, is hereby authorized and requested to cancel same of record. ___________________________________ (Signature(s) of ALL legal mortgage holders)
  • All signatures must have name, and title when applicable, typed or printed beneath.
  • Cancellation by a corporation must clearly state the name of the corporation, the name & title of the person signing the statement for the corporation. If an individual the name must be exactly the same as the mortgagee or the cancellation must include an F/K/A or N/K/A.
  • Cancellation fee: $20.00
Discharges of Mortgage
  • Mortgagor(s) name.
  • Complete name of mortgagee and/or assignee.
  • Book & Page number and Instrument number of mortgage being discharged. The recording information of any re-recorded mortgages must also be included.
  • Signature of mortgagee or last assignee of the mortgage.
  • Names, and title when applicable, of all parties signing must be typed or printed beneath signatures.
  • Signatures must be acknowledged**.
  • Recording fees: $30.00 first page, $10.00 each additional printed page, and $10.00 notation fee for each mortgage noted.**ACKNOWLEDGEMENT REQUIREMENTS SEE ‘DEEDS & MORTGAGES.’
Notice of Unpaid Balance/Construction Lien Claim
  • Name and address of Claimant(s).
  • Name and address of property owner(s).
  • Date of ‘Last work or services’ must be stated and within 90 days of the filing.
  • Name of contracting party.
  • Amount of claim.
  • Description of work or services provided.
  • Property description.
  • Last date of work or services provided.
  • Signature(s) of claimant(s) with name and title printed beneath.
  • Acknowledged by an attorney or notary public – see Deeds & Mortgages for acknowledgement requirements.
  • Include a copy to be ‘stamped’ and returned to you.
  • NUBs’ & CLCs’ must be recorded within 90 days after work is completed.
Regarding Re-recorded Documents
  • Must clearly state the reason for re-recording on the first page.
  • Have all changes initialed.
  • Be acknowledged again with the current date – this acknowledgement is for the initials on the changes.
  • The complete ‘original’ recorded document must be re-recorded along with any ‘new’ pages.
  • Deed being re-recorded needs an affidavit for exemption if the realty fee was paid at the time of the ‘original’ recording. It will also need a Seller’s Residency Form if the original recording did not have one.
  • Recording fee: $30.00 first page ($40.00 for DEEDS), $10.00 per each additional printed page and $10.00 notation fee to note the ‘original’ recorded document.
** A document will not be accepted for re-recording if the changes are substantial enough that a new document should have been prepared, i.e., to change mortgage terms agreed to after closing, or to add or remove names, or a spelling correction that significantly changes a name.

Common Mistakes Made

  • Acknowledgements incorrect or not complete.
  • Legal descriptions and/or exhibits are not attached.
  • Names not typed or printed below signatures.
  • Incorrect fees.
  • Copies submitted for recording instead of originals.
  • Mailing addresses used as property descriptions instead of block & lot and tax map reference.
  • ‘Prepared By’ signature and name not on first page of deed.
  • More people signing an instrument than are stated on the front of instrument or in acknowledgement without an explanation.
  • Deeds being sent with a realty tax amount showing an exemption but without an affidavit.
  • Affidavits incomplete not signed or notarized.
  • Book & page numbers or instrument numbers missing or incorrect.
  • Grantee’s address missing.

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