Expands available protections against fraudulent recording of quitclaim deed.

A1846

ASSEMBLY, No. 1846

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman GREGORY E. MYHRE

District 9 (Ocean)

Assemblyman BRIAN E. RUMPF

District 9 (Ocean)

Co-Sponsored by:

Assemblymen Scharfenberger, Kanitra, Clifton, Sauickie,
Inganamort, Guardian, Assemblywoman Flynn, Assemblymen Auth and S.Kean

SYNOPSIS

���� Expands available protections against fraudulent
recording of quitclaim deed.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

expanding available protections against
fraudulent recording of a quitclaim deed, amending and supplementing P.L.1968,
c.49, and amending N.J.S.46:26A-6.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 2 of P.L.1968,
c.49 (C.46:15-6) is amended to read as follows:

���� 2.��� In addition to other
prerequisites for recording, no deed evidencing transfer of title to real
property shall be recorded in the office of any county recording officer unless
it satisfies the following requirements:

���� a.���� If the transfer is
subject to any fee established under section 3 of P.L.1968, c.49 (C.46:15-7) or
section 2 of P.L.2003, c.113 (C.46:15-7.1), a statement of the true
consideration for the transfer shall be contained in the deed, the
acknowledgment, the proof of the execution, or an appended affidavit by one of
the parties to the deed or that party's legal representative.

���� b.��� If the transfer is
exempt from any fee established under section 3 of P.L.1968, c.49 (C.46:15-7)
or section 2 of P.L.2003, c.113 (C.46:15-7.1), an affidavit stating the basis
for the exemption shall be appended to the deed.

���� c.���� If the transfer is of
real property upon which there is new construction, the words "NEW
CONSTRUCTION" in upper case lettering shall be printed clearly at the top
of the first page of the deed, and an affidavit by the grantor stating that the
transfer is of property upon which there is new construction shall be appended
to the deed.

����
d.��� The county recording
officer shall notify the transferor of the recording of a quitclaim deed if the
transferor has submitted preferred contact information pursuant to section 3 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill).�

(cf: P.L.2004, c.66, s.2)

���� 2.� N.J.S.46:26A-6 is amended
to read as follows:

���� 46:26A-6. �Duty to record;
recording officer's books, methods.

���� a.���� The county recording
officer shall record any document or map affecting the title to real property
located in the county, delivered for recording, provided the document:

���� (1)�� is in the form required
by P.L.2011, c.217 (N.J.S.46:26A-1 et al.),

���� (2)�� appears to comply with
requirements for recording specified in P.L.2011, c.217 (N.J.S.46:26A-1 et
al.), and

���� (3)�� is accompanied by
payment of any required fee and any state tax, if applicable, except that a
State agency shall be afforded an opportunity to pay on a periodic basis on an
account established with the county recording officer.

���� b.���
[
Every
]

With the
exception of a quitclaim deed for which the property owner has requested
notification pursuant to section 3 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill), every
document or map shall be
recorded and indexed not later than two business days after its receipt.�
If
a property owner has requested to be notified of the recording of a quitclaim
deed pursuant to section 3 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), then the county recording officer shall record the
quitclaim deed no less than 10 business days, and not more than 12 business
days after sending notification of the recording to the transferor pursuant to
subsection d. of section 2 of P.L.1968, c.49 (C.46:15-6).�

���� c.���� A document or map that
is rejected shall be returned to the person who delivered it for recording with
a statement of all grounds for its rejection within three business days after
its receipt.

���� d.��� When a document is
recorded, a book and page number or other permanent, unique document
identifying number shall be assigned to the document.

���� e.���� Recording shall be done
by a method that:

���� (1)�� produces a clear,
accurate and permanent image of a document,

���� (2)�� allows the document to
be found by use of the indexes maintained, and

���� (3)�� is authorized by
R.S.47:1-5 and is in conformance with rules, standards and procedures
promulgated by the Division of Archives and Records Management in the
Department of State and approved by the State Records Committee pursuant to its
authority under section 6 of P.L.1994, c.140 (C.47:1-12) and the
"Destruction of Public Records Law (1953)," P.L.1953, c.410
(C.47:3-15 et seq.); provided, however, that the Division of Archives and
Records Management and the State Records Committee shall establish rules, standards,
and procedures for recording in conjunction and collaboration with the county
recording officers.

���� f.���� For documents recorded
before the effective date of P.L.2011, c.217 (N.J.S.46:26A-1 et al.), the
recording office shall:

���� (1)�� retain the documents or
clear, accurate and permanent images of the documents, and

���� (2)�� maintain indexes that
allow the documents to be found.

���� g.��� The Division of Archives
and Records Management and the State Records Committee shall consult with the
Office of Telecommunications and Information Systems in the Department of the
Treasury in the development of general technical standards for record keeping.�
Notwithstanding any general technical standards developed pursuant to this
section, the State Records Committee may adopt rules and regulations to
authorize pilot programs for various individual counties in order to evaluate
alternative technologies for the preservation of records.

���� h.��� When a discharge,
assignment, extension or postponement of a mortgage is recorded, the recording
officer may make a marginal notation on the mortgage affected indicating the
book and page number or document identifying number of the discharge,
assignment, extension or postponement.

(cf: N.J.S.46:26A-6)

���� 3.� (New section)� The county
recording office shall allow a property owner to request notification of the
recording of a quitclaim deed, pursuant to subsection d. of section 2 of P.L.1968,
c.49 (C.46:15-6), by submitting information on the owner�s preferred mailing
address, or e-mail address, or both, through which to be notified.� The county
recording officer shall retain the contact information along with the deed for
the associated property.� The county recording office shall charge a property
owner who submits a request pursuant to this section a fee in an amount
sufficient to offset the county recording office�s costs of administering P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill).

���� 4.� This act shall take effect
on the first day of the third month next following enactment.�

STATEMENT

���� This bill enhances protections
against fraudulent recordings of quitclaim deeds by expressly authorizing a
property owner to request notification and a delay in the recording, any time a
quitclaim deed is submitted for recording on the owner�s property.� If a
property owner submits this request, the bill requires the county recording
officer (officer) to notify the property owner any time a person submits a
request to record a quitclaim deed on the owner�s property, and to wait to
record the quitclaim deed until no less than 10 business days, and not more
than 12 business days, have passed following the day when the officer sends the
notification.�

���� To facilitate the notification
requirement, the bill directs the officer to accept and retain a submission
from a property owner of the owner�s preferred mailing address or e-mail
address, or both.� A "county recording officer" is also known as the
"register of deeds and mortgages" in some counties, and the
"county clerk" in the others.� A "quitclaim deed" is a form
of a deed through which a grantor makes no promises concerning the extent of
the present ownership of the property at issue, and no future promises
concerning the property at issue, but conveys whatever estate or interest the
grantor purports to have in the real property at issue.�

���� The bill allows the officer to
collect a fee from property owners submitting notification requests to offset
the cost of the notification requirement.�

���� The bill takes effect on the
first day of the third month next following enactment in order to allow
recording offices to adjust fees.