46:26A-11. Notices of settlement.
a.A party to a settlement which will convey an interest in real property, a mortgage on real property, or both, or the authorized representative of a party or a licensed title insurance producer, may execute a document titled "notice of settlement" and record it in the county recording office of the county in which the real property is located. The county recording officer may charge a fee not to exceed the fee charged for the recording of notices of federal tax liens.
b.The notice of settlement shall be signed by a party to the settlement or a party's authorized representative and shall state the names of the parties to the settlement and a description of the real property. If the notice is executed by anyone other than an attorney at law of this State, the execution shall be acknowledged or proved in the manner of acknowledgment or proof of deeds.
c.A notice of settlement shall be in substantially the following form:
Name ...............................)
Address ............................)
(Seller or Mortgagor)NOTICE OF SETTLEMENT
Name ...............................)
Address ............................)
(Purchaser or Mortgagee)
NOTICE is hereby given of a .............................(contract, agreement or mortgage commitment) between the parties.
THE lands to be affected are described as follows:
Premises in the ........ of ........, (municipality) County of .............. and State of New Jersey, commonly known as .............................................. (street address) and more particularly described as follows:
(legal description)
Name of party or authorized representative ...............................
Address .............................................................
(acknowledgment)
d.A notice of settlement shall be effective for 60 days from the date of recording, unless it is terminated by the recording of a "discharge of notice of settlement." The effective period of a notice of settlement may be extended for one period of 60 days by recording an additional notice of settlement before the expiration or discharge of the notice of settlement.
e.A discharge of notice of settlement shall be substantially in the form prescribed for a notice of settlement and shall be recorded by the party or authorized representative who recorded the notice of settlement. The recording officer shall record and index each discharge in the same fashion as a notice of settlement.
f.Any person who claims an interest in or lien on the real property described in the notice of settlement arising during the time that a notice of settlement is effective shall be deemed to have acquired the interest or lien with knowledge of the anticipated settlement and shall be subject to the estate or interest created by the deed or mortgage described in the notice of settlement provided the deed or mortgage is recorded within the time that the notice is effective.
Source: 46:16A-1 through 46:16A-5.
L.2011, c.217, s.1.
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Last modified: October 11, 2016