Enhances protections against fraudulent deed recordings.

A2072

ASSEMBLY, No. 2072

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LINDA S. CARTER

District 22 (Somerset and Union)

Co-Sponsored by:

Assemblywoman Reynolds-Jackson and Assemblyman Karabinchak

SYNOPSIS

���� Enhances protections against fraudulent deed
recordings.

CURRENT VERSION OF TEXT

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

��

An Act

enhancing protections against fraudulent deed
recordings, designated the "Property Owner�s Protection Act," and
amending and supplementing P.L.1968, c.49.

����
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.��� Any party or other
person submitting a deed for recordation shall submit an affidavit of title.�

����
e.���� (1)� The county
recording officer shall notify the transferor of the recording.�

����
(2)�� The county recording
officer shall collect an additional fee of $2 per deed recording to offset the
costs of notification.

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

���� 2.��� (New section)� In order
to aid in the effectuation of the notification requirement under subsection e.
of section 2 of P.L.1968, c.49 (C.46:15-6), the county recording office shall
allow a property owner to submit information on his or her preferred mailing
address, or e-mail address, or both, through which to be notified of a deed
recording.� The county recording officer shall retain the contact information
along with the deed.

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

STATEMENT

���� This bill enhances protections
against fraudulent deed recordings by requiring the county recording officer to
notify the transferor any time a deed transfer is being recorded for his or her
property.� To facilitate this requirement, the bill directs the recording
officer to accept and retain a submission from a property owner of his or her
preferred mailing address or e-mail address, or both.� The "county
recording officer" is also known as the "register of deeds and
mortgages" in some counties, and the "county clerk" in the others.

���� To further enhance protections
against fraudulent deed recordings, this bill also requires the person
recording the deed to submit an affidavit of title as a prerequisite to the
actual deed recording.�

���� The bill allows the county
recording officer to collect an additional $2 in addition to existing recording
fees 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.