46:26A-4. Exceptions to prerequisites to recording.

396 words·~2 min read·/nj/title-46/chapter-26a/46-26a-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding the prerequisites to recording in N.J.S.46:26A-3, the following may be recorded:

a. documents that establish or evidence a trust under which a fiduciary has acquired real property if accompanied by an affidavit of the fiduciary that the document is an original trust document;

b. ancient documents that cannot be acknowledged or proved because of the death or other disability of the grantors and subscribing witnesses, accompanied by an affidavit made by a person claiming to derive title from the document stating that the affiant truly believes that quiet, continuous, adverse and undisturbed possession of the real property has been enjoyed by virtue of the document for the period applicable for adverse possession;

c. documents other than those listed in N.J.S.46:26A-2 that by their nature cannot be acknowledged or proved, accompanied by an affidavit made by a person claiming to derive title to the real property stating that the document is genuine and how the document relates to title to the real property;

d. notices of federal tax liens, liens arising from the federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980," Pub.L.96-510 (42 U.S.C.s.9601 et seq.), and other federal liens, which any Act of Congress or regulation adopted pursuant to it provides for filing of notice in the recording office designated by a state, and certificates discharging such liens;

e. maps as provided by P.L.2011, c.217 (N.J.S.46:26A-1 et al.);

f. notices of settlement executed by an attorney at law or authorized representative of a party in accordance with P.L.2011, c.217 (N.J.S.46:26A-1 et al.);

g. certified copies of:

(1)judgments, decrees, or orders of any court of record and petitions filed in a United States Bankruptcy Court;

(2)government issued documents affecting title to real property, including declarations of takings duly executed by executive officials of condemnors in accordance with section 17 of P.L.1971, c.361 (C.20:3-17);

(3)documents recorded or filed in any public recording office in the United States;

h. a recorded mortgage bearing an endorsement:

(1)authorizing cancellation of the mortgage signed by the mortgage holder; and

(2)made on the original mortgage that bears on it the receipt given by the county recording officer at the time it was recorded; and

i. any other document that is permitted by another statute to be recorded or filed without acknowledgment.

Source: 46:16-1.1; 46:16-4.1; 46:16-4.2; 46:16-4.3; 46:16-5.1; 46:16-7; 46:16-9; 46:16-10; 46:16-13; 46:16-14.

L.2011, c.217, s.1.