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The Registry of the County Clerk is responsible for recording and maintaining records in Morris County.
Recording Fees
Effective May 1, 2017, a cover sheet or an electronic synopsis will be required with all land documents submitted for recording. An additional fee of $20.00 will be charged for documents submitted without it.
To record the first page of a deed or easement, the fee is $40. Each additional page is $10. A Tax Abstract, Affidavit of Consideration, and New Jersey Residency and Non-Residency Forms are all $10 each.
Re-recorded documents are also $40 for the first page and $10 for each additional page.
Indexing each name over five is $6 per name.
REALTY TRANSFER FEES
All instruments that purport to convey or transfer title to realty in New Jersey are subject to Realty Transfer Fees based on the consideration stated in the instrument.
The transfer fees are as follows: $2 per $500 of consideration t in excess of $150,000; $3.35 per $500 of consideration not in excess of $150,000 but not more than $200,000; and $3.90 per $500 of consideration in excess of $200,000 but not more than $350,000.
The realty transfer tax fees must be paid at the time of recording.
For transactions in excess of $350,000, visit the Morris County Clerk's webpage.
Document Formatting Requirements
* All documents must be accompanied by a cover letter that includes the name and address of the submitter.
* All instruments must be properly acknowledged and written in English.
* Documents should not be on paper larger than 8.5 x 14 inches.
* On the first page, provide adequate space for recording information. A 3-inch margin should provide sufficient space, but be sure to check with the county recorder before submitting a document.
* Signatures in the document must be originals, with corresponding names printed or typed beneath them.
* The Division of Archives and Record Management has established forms for cover sheets. This form is available at every recording office and on a website maintained by the Division of Archives and Record Management. The cover sheet should include the nature of the document, the date of the document, the names of the parties to the document and other names under which the document is to be indexed, whether or not the document is a deed conveying title to real property, the lot and block number or other real property tax designation of the real property conveyed or a statement that the information is not available, the consideration for the conveyance, the mailing address of the grantee, and any document references, if applicable.
* The grantor's name must be provided in a deed. In the case of an estate, provide the deceased's name. All grantors' signatures must be acknowledged.
* Provide the grantee's name and address, including the zip code.
* If the property has not been subdivided, the reference should be preceded by the words "part of." If no lot and block or account number has been assigned to the real property, the deed should state this fact.
* All deeds must contain preparer's information, which can be given in the following form: "Prepared by (name and signature)." This should be on the first page.
* Deeds must indicate the tax block and lot of the real property being conveyed. Additionally, the consideration must be disclosed.
* A return address is required on all documents. A self-addressed stamped envelope for each document will facilitate this process.
* If a deed is for new construction, the words "NEW CONSTRUCTION" must be stated on the face of the document.
* The amount of consideration (plus the balance of any assumed mortgage) should be clearly stated in the body of the deed, the acknowledgment, or the affidavit of consideration.
* A Seller's Residency Form must be attached to all deeds recorded after August 1, 2004.
For non-residents, estates, or trusts that sell or transfer real property in New Jersey, an estimated Gross Income Tax payment is required to be made prior to the recording of the deed. The payment must be made to the Division of Taxation prior to closing or at closing. A list of exemptions and further details can be found on the Division of Taxation webpage.
The Gross Income Tax forms apply to the grantor only.
AFFIDAVIT OF CONSIDERATION
This is required with all deeds claiming exemption or partial exemption from New Jersey Realty Transfer tax. The affidavit must contain the following information: Section 1 must be complete, amount of consideration, reason for full exemption, appropriate section completed for partial exemption, deponent's signature, name and address of grantor and deponent, and a proper notary statement. The following are some examples of situations that require an affidavit of consideration:
* Deeds with a consideration over $1 million must have an Affidavit of Consideration for the buyer with the necessary Realty Transfer Tax.
* Deeds claiming a partial exemption from realty transfer taxes.
* An affidavit of consideration is required for those claiming a blind or disabled exemption.
* Deeds for new construction require an affidavit of consideration. No discount is offered for new construction.
The affidavit of consideration can be obtained from the New Jersey Department of Treasury website.
RE-RECORDING DOCUMENTS
* The reason for re-recording must be clearly stated at the top of the first page.
* All changes in the document should be initialed by the document preparer.
* A new acknowledgment is required.
* The complete original recorded document must be re-recorded along with any new pages.
* If the realty transfer fees were paid at the time of the original recording, an affidavit for exemption is required.
* If the original recorded document did not have a Seller's Residency Form, one will need to accompany the re-recorded document.
* A document will not be accepted for re-recording if the changes are substantial enough that a new document should have been recorded. For example, to change mortgage terms agreed to after closing, to add or remove names, or a spelling correction that significantly changes a name.