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New Jersey Special Warranty Deed Form

New Jersey Special Warranty Deed Form

Updated April 12, 2024

A New Jersey special warranty deed is similar to a warranty deed in that it guarantees a seller has a title to sell to a buyer. However, the key difference is that it only provides a limited guarantee. The guarantee is limited, “special,” to the grantor’s ownership of the property and not any previous ownership(s). As with all property transfers, it is imperative to conduct a thorough property search in order to determine whether the grantor has a clear title or whether there are other interests still tied to the property such as an undischarged mortgage or a hidden right of way.

LawsTitle 46 (Property), Chapter 46:4 – Short Form Deed

Statutory LanguageN.J.S.A. 46:4-8

Recording – Must be filed with the County Clerk’s Office.[1]

Signing – The Seller is required to authorize this form in the presence of a Notary Public.[2]

How To Write

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I. Prepared By

(1) New Jersey Document Preparer. This document must be introduced with a presentation of the name of the Individual that prepared it for the New Jersey Grantor’s signing.

(2) Contact Address. The mailing address defining where the New Jersey Document Preparer can be contacted should be placed on display using the area set aside in the first section of the header.

II. Authorized Recipient

(3) New Jersey Document Recipient. A specific Entity must be determined and authorized to receive this paperwork after it has been filed. The name of this predetermined Recipient should be dispensed to the next area in the header.

(4) Mailing Address. The exact address where this New Jersey statement of conveyance should be sent to the Recipient will also be required by this area.

III. Date Of Transfer Statement

(5) Effective Date.  The first fact that must be established by this statement is the official date that the New Jersey Grantee is able to acquire the New Jersey Grantor’s real property utilizing this instrument.

IV. New Jersey Grantor

(6) Name Of New Jersey Grantor. Identification of the New Jersey real property’s Owner is the next request made by this paperwork. Furnish the name of the New Jersey Property Owner to the next available space to attach him or her to the role of New Jersey Grantor. In order for an Owner of the New Jersey property to use this statement to release his or her owners, he or she must be named in this role. Therefore, provide a roster of all such Parties even if an attachment is necessary.

(7) Residential Address Of New Jersey Grantor. The home address of the New Jersey Grantor is expected with his or her name. The statement provided requests that his or her street address is displayed separately from his or her County and State.

V. New Jersey Grantee

(8) Name Of New Jersey Grantee. The property at the focus of this discussion can only be acquired from the New Jersey Grantor by the Buyer, if he or she is named as the New Jersey Grantee for this property in this document. Name each New Jersey Grantee authorized to take over ownership of this real estate from the Grantor.

(9) New Jersey Grantee Residential Address. Deliver the full residential address of the New Jersey Grantee using the three spaces provided to dispense each address item separately. Make sure that every New Jersey Grantee identified earlier in this statement has his or her residential address provided to this document.

V. New Jersey Property Transaction

(10) Payment For New Jersey Property. The payment submitted to the New Jersey Grantor to release the real property requires presentation. Document the amount of the payment submitted in writing as well as numerically to the spaces before and within the parentheses.

(11) New Jersey Grantor Name. Supplement the transaction statement with the full name of the New Jersey Grantor.

(12) New Jersey Grantee Name. Confirm the full name of the Property Buyer. In the majority of cases, this is the New Jersey Grantee or one of the New Jersey Grantees (if more than one).

VI. New Jersey Property

(13) New Jersey Jurisdiction. The laws applying to this document and the property will be dependent upon the County where the real estate being transferred is located. Identify the New Jersey County for this property where requested.

(14) New Jersey Property Description. The physical address and the County Recorder’s (currently) currently filed legal description of this property must be submitted to complete this document. If needed, this information may also be furnished in an attachment.

VIII. New Jersey Grantor Execution

(15) Signature Date. The calendar date of effect will customarily be the same date the New Jersey Grantor executes this transfer by signature. This date should be supplied to the final statement by the New Jersey Grantor at the time of signing. If more convenient, it may be reported beforehand so long as it is the exact date that the New Jersey Grantor signs his or her name as required.

(16) Grantor Signature. As mentioned, the New Jersey Grantor will need to sign this transfer of ownership into effect. This must happen as a Notary Public observes. To complete this process, the New Jersey Grantor must dispense his, her, or their signature(s), printed name(s), and the date of signature where requested.

(17) Required Notary Participation. The New Jersey Grantor’s signature will be supported by the actions of the Notary Public who has observed the signing process. Once done, the Notary will utilize the final area to verify that the notarization process was applied.

Sources

  1. N.J.S.A. 46:5-5
  2. N.J.S.A. 46:4-1