Filing A Quitclaim Deed In New Brunswick, Nj

A New Jersey quitclaim deed is a legal document that transfers a property owner's rights to a grantee. It is often used for family transfers or divorce proceedings. In New Jersey, there are three types of deeds used to transfer ownership interest in a property: general, quitclaim, and special warranty deeds. A quitclaim deed is the easiest to create and is commonly used in certain situations, but it isn't always the best choice. It's important to note that a quitclaim deed doesn't guarantee a clear title.

Where to file the deed

To file a quit claim deed in New Brunswick, New Jersey, you must submit the form at the County Clerk's Office in the jurisdiction of the real estate. This is also known as the County Recorder's office.

The quit claim deed form must be signed in front of a notary public with the grantor(s) present. The grantor(s) must sign the document and have it notarized. You will then submit the form, along with any other necessary forms, and pay the associated fees at the County Clerk's Office.

The cost of filing varies by county, but in New Jersey, the charge is typically $30-$40 for the first page and $10 for each additional page.

It is important to note that the quit claim deed form must meet specific requirements and be designed specifically for New Jersey law. Incorrectly prepared deeds may be rejected by the county clerk or register of deeds and can cause future title problems.

What to include in the deed

A quit claim deed in New Jersey is a legal instrument for conveying interest in a property to another party. It should be noted that the grantor of the property is conveying their claim, interest, or ownership of a property without an actual guarantee that they are the only party with such an interest in the property.

Property Description

The deed should include a legal description of the property, which can be found on your existing deed. This should include the assessor's parcel number (APN), along with the city and county in which the property is located.

Grantor and Grantee Information

The grantor is the person transferring ownership of the property, and the grantee is the person receiving the interest in the property. List the full legal names of all grantors and grantees, especially if there are multiple owners of the property.

Consideration

Consideration is the amount of money exchanged for the property interest. In New Jersey, the deed should include the named sum of money exchanged.

Signatures

The grantor(s) must sign the document in front of a notary public. The notary public will also sign and provide their seal, certifying the transaction.

Residency Information

The deed may also require the tax-mailing address of the grantor and grantee.

Prior Instrument Reference

The deed may also require a prior instrument reference, which can be found on your existing deed.

Other Documents

In addition to the quit claim deed, you may need to file other documents, such as a Preliminary Change of Ownership Report, Documentary of Transfer Tax (if applicable), and Notice of Exempt Transaction (if applicable). Check with your county recorder's office to determine the exact requirements.

Signing requirements

The signing requirements for a New Jersey quitclaim deed are outlined in Statute § 46:14-2.1. The document must be signed by the grantor(s) and notarized by a notary public. This means that the grantor(s) must sign the document in front of a notary public, who will then validate and witness the signing of the document. The notary public will also confirm the grantor's identity with their ID.

It is important to note that the quitclaim deed should be recorded at the County Clerk's Office in the county where the property is located to ensure its validity. A recording fee is typically charged for this service. The filing fees vary by county but generally range from $30 to $40 for the first page and $10 for each additional page.

In addition to the quitclaim deed, other documents may be required depending on the specifics of the transaction. For tax exemptions, Form RTF-1 is necessary. If the consideration for the transfer exceeds $1,000,000, Form RTF-1EE must be submitted along with the deed. Form GIT/REP-1 is required for non-resident sellers unless exemptions apply.

Before signing any documents requiring notarization, it is advisable to wait until you are in the presence of a notary public. This ensures that the process is completed correctly and in compliance with the legal requirements.

Recording requirements

To record a quit claim deed in New Jersey, the form must be filed at the County Clerk's Office in the jurisdiction of the real estate. The County Clerk's Office is located in the county where the property is situated.

The deed must be signed in the presence of a notary public with the grantor(s) present. The grantor's signature must be acknowledged and notarized. The name of the grantor and grantee must be included in the deed. The name printed beneath the signatures must match the name on the rest of the document.

The document must be in English or include an English translation, and be legible with all notary information easily read. The printed name of the preparer must also be included.

Recording fees and realty transfer fees must be paid at the time of recording. The typical cost to record a quit claim deed in New Jersey is $105, depending on the number of pages. The seller also has to pay a realty transfer fee, which is based on a sliding scale according to the selling price of the property. For example, the transfer fee on a $350,000 sale is approximately $2,105, $1,325 on a $250,000 sale, and $975 on a $200,000 sale. If the seller is 62 years or older and the property is their primary residence, the fee on a $250,000 sale decreases to $400. If there is a mortgage on the property, the County Clerk may require the tax to be paid even if no money is changing hands.

Additional documents needed

To file a quitclaim deed in New Brunswick, New Jersey, you will need to submit additional documents along with the deed. Here is a list of the necessary supporting documents:

• Form RTF-1 for tax exemptions: This form is required for claiming tax exemptions. It should be included with the quitclaim deed submission.
• Form RTF-1EE for transactions over $1,000,000: If the consideration for the property transfer exceeds $1,000,000, you must submit Form RTF-1EE along with the deed.
• Form GIT/REP-1 for non-resident sellers: If the seller is not a resident of New Jersey, Form GIT/REP-1 is required unless specific exemptions apply.
• Reference to the existing title: Before drafting the quitclaim deed, it is essential to refer to the existing title for the legal description and current owner information. This ensures accurate details in the new deed.
• Additional forms as needed: Depending on the specifics of the transaction, you may need to include other forms or documents. For example, if there are tax implications, you might need to provide additional tax-related forms or disclosures.
• Notarization: All documents requiring notarization must be signed in the presence of a notary public. The notary will witness and validate the signing process, confirming the grantor's identity with their ID.
• Filing fees: When submitting the quitclaim deed and supporting documents at the county clerk's office, you will need to pay the required filing fees. In New Jersey, the typical cost is $30-$40 for the first page and $10 for each additional page.
• Real Estate Transfer Tax: In addition to the filing fees, there is a Real Estate Transfer Tax payable to the state. The amount varies based on the value of the property, ranging from $2 per $500 for properties under $150,000 to $6.05 per $500 for properties valued over $1 million.
• Consideration details: According to New Jersey law, consideration or the value exchanged for the property must be stated in the quitclaim deed. It can be a minimal amount, such as "$1.00 and other valuable considerations," but it must be specified.

It is important to note that the specific requirements and supporting documents may vary depending on the county in which the property is located. Therefore, it is always advisable to consult official sources or seek legal advice to ensure you have all the necessary documents for filing a quitclaim deed in New Brunswick, New Jersey.

Frequently asked questions