CHANGES TO THE NJ RECORDING ACT EFFECTIVE 5/1/2017
You will recall that the NJ Recording Act was revised back in May of 2012. As part of that revision, the law implemented an optional cover sheet for all documents to be submitted for recordation (NJSA 46:26A-5(b)). If a document is not accompanied by such a cover sheet, the county shall charge an additional $20.00 for indexing of the document (NJSA 46:26A-5(c)). The law contained a 5 year "phase in" period during which the use of cover sheets or the payment of the additional fee was discretionary. That 5 year period expires next month – May of 2017.
The cover sheet being used in each county is required by law to be posted on that county's website. While the law specifies exactly what information must be included on the Cover Sheet, the format may vary by county. Thus, it should not be assumed that a Cover Sheet which applies in one county may be used in another.
If an office chooses not to use a cover sheet, they must add $20.00 to the recording fee for the additional indexing charge for each document to be recorded. If your office chooses this option, we suggest that the party paying the recording fee be specifically notified of the additional charge.
Offices using e-recording should not need to change their practices as the cover sheet/electronic synopsis should already be a part of the e-recording product.