Changes to the NJ Recording Act

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.


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