THE OFFICE OF THE COUNTY CLERK

COUNTY OF MONMOUTH

CHRISTINE GIORDANO HANLON MARKET YARD

MONMOUTH COUNTY CLERK P.O. BOX 1251

FREEHOLD, N. J. 07728- 1251

732- 431- 7324

Deed

Legal Advice

• Always consult with a licensed New Jersey attorney whenever you are contemplating

the recording of a document which affects real property ownership.

• The staff of the County Clerk’s Office is not permitted to prepare legal documents or to

dispense legal advice.

• Not all items referenced below pertain to every transaction and not all requirements are

listed. This information is provided as a guide and should not be used as a substitute for

the services of an attorney.

Legal References: NJSA 46:26A-5(b)(3), NJSA 46:26A-5(b)(2), NJSA 46:26A-3(a)(5)(b), NJSA

46:15-5, NJSA 54A:8-8, 9 & 10, NJSA 46:26A-3(a)(2), NJSA 46:26A-3(a)(3), NJSA 46:26A-3(a)(4),

NJSA 46:26A-3(5)(c), NJSA 46:26A-7

Requirements:

1. A cover sheet (or electronic synopsis). The fill in cover sheet form is available at this link:

http://www.MonmouthCountyClerk.com/common-forms/

2. The words “Prepared By” followed by the printed name of the Individual as preparer

3. Name(s) of grantor(s)

4. Name(s) of grantee(s)

5. Grantee’s complete address

6. Date of deed

7. Consideration

a. A statement of the true consideration (including the balance of any assumed

mortgage) shall be contained in the deed, the acknowledgment, the proof of the

execution or an attached affidavit by one of the parties to the deed or a legal

representative of one of the parties.

8. New Jersey Realty Transfer Tax is due

9. Seller’s Residency/Non-Resident Tax Declaration

10. Affidavit of Consideration for Use by Seller form (RTF-1) and/or Affidavit of

Consideration for Use by Buyer form (RTF-1EE) when necessary

11. Municipality Name, Tax Block and Lot Number and Qualifier, if any, from the CURRENT

Tax Map

12. Signature(s) of grantor(s)

THE OFFICE OF THE COUNTY CLERK

COUNTY OF MONMOUTH

CHRISTINE GIORDANO HANLON MARKET YARD

MONMOUTH COUNTY CLERK P.O. BOX 1251

FREEHOLD, N. J. 07728- 1251

732- 431- 7324

13. Grantor(s) name(s) typed or printed beneath the signature(s). If the grantor is

corporation or other entity the title of the person signing on its behalf.

14. Grantor(s) signature(s) fully acknowledged

a. Acknowledgment must include the name of the state and county where the

acknowledgment is taken, full date, name(s) of the person(s) signing the deed

and the consideration amount.

b. If the grantor is a corporation or other entity there must be a statement that the

maker was authorized to execute the instrument on behalf of the entity and that

the maker executed the instrument as the act of the entity.

c. Notary or other officer taking the acknowledgment must sign the

acknowledgment and print his/her name, title and jurisdiction as a notary or

other officer authorized to take oaths.

15. Record and return information on document

Additional Requirements

1. Condominium Unit Deeds: Name of the condominium, the book and page recording

reference to the master deed and the proportionate undivided interests in the common

elements appurtenant to unit all as set forth in the master deed. Cite the last recorded

deed.

2. New Construction Deeds: Affidavit of Consideration for Use by Seller (RTF-1) is required

for New Construction Deeds. In addition the words "NEW CONSTRUCTION" must be

printed clearly in upper case lettering at the top of the first page of the deed.

3. Minor Subdivision Deeds: Signatures and approval dates from Municipal Planning Board

and Monmouth County Planning Board (NJSA 40:55D-47)

4. Partial Exemptions from RTF: An Affidavit of Consideration for Use by Seller (RTF-1) is

required with correct boxes checked off

5. Sheriff’s Deeds: When an application is made to the Sheriff for the sale of any real

property, whether under execution or pursuant to any writ, judgment or order, an

Affidavit of Consideration for Sheriff's Deeds (RTF-8) must be supplied to the Sheriff. The

Sheriff's Affidavit is not an exemption from the Realty Transfer Fee.

6. New Jersey Realty Transfer Fee: NJ Realty Transfer fee is payable to the County Clerk

upon the recording of a deed. Regulations, forms and frequently asked questions:

http://www.state.nj.us/treasury/taxation/lpt/rtffaqs.shtml

THE OFFICE OF THE COUNTY CLERK

COUNTY OF MONMOUTH

CHRISTINE GIORDANO HANLON MARKET YARD

MONMOUTH COUNTY CLERK P.O. BOX 1251

FREEHOLD, N. J. 07728- 1251

732- 431- 7324

Affidavits

• An Affidavit of Consideration for Use by Seller (RTF-1) is required when a full or partial

exemption is claimed from the Realty Transfer Fee. There are 16 reasons listed in the

instructions for full and partial exemption from the fee. (NJSA 46:15-6.b)

• An Affidavit of Consideration for Use by Seller (RTF-1) is also required when the entire

consideration is not recited in the deed, the acknowledgment or proof of execution.

(NJSA 46:15-6.a)

• An Affidavit of Consideration for Use by Seller (RTF-1) is also required on transfer of

Class 4 properties (NJSA 46:15-7.2d(1)

• An Affidavit of Consideration for Use by Buyer (RTF-1EE) is required when:

o Consideration is in excess of $1,000,000

o When transferring Class 4A property as defined in N.J.A.C. 18:12-2.2

o When the grantee (buyer) claims an exemption from payment of the RTF

o When the entire consideration is not recited in the Deed, the acknowledgment or proof of

execution. (NJSA 46:15-7.2.d(2) and (3)

New Jersey Gross Income Tax

• A NJ Gross Income Tax form is required with the recording of deeds. (NJSA 54A:8-10d)

• GIT/REP 1 - Nonresident Seller's Tax Declaration with payment of estimated tax payable

to State of NJ Division of Taxation

• GIT/REP 2 - Nonresident Seller's Tax Prepayment Receipt

o This form requires payment in advance of NJ Division of Taxation, Seal of the Director, Division of

Taxation and date.

• GIT/REP 3 - Seller's Residency Certification/Exemption Waiver of Seller's Filing

Requirement of GIT/REP Forms and Payment (form GIT/REP-4). Requires Seal of the

Director, Division of Taxation and date.

• GIT/REP 4a - Waiver of Seller's Filing Requirement of GIT/REP Forms and Payment for

Corrected Deed with No Consideration

Fees / Payments

• $30.00 First page of document

• $10.00 Each additional recorded page

• $10.00 Tax Abstract

• $6.00 Names beginning with the sixth name - If applicable

• $20.00 Indexing Fee, if missing Cover Sheet

• Realty Transfer Fee, when applicable

• Make check for recording fees and NJ Realty Transfer fees payable to Monmouth County Clerk.

o Checks in excess of $10,000 in the aggregate must be a certified or bank official check.

• Make checks for Gross Income Tax (GIT/REP-1) for Non-Resident sellers payable to “State of NJ –

Div. of Taxation”