Document Recording Requirements

The role of the Monmouth County Clerk as the Register of documents is to review the documents presented for recording/filing for compliance with statutory requirements and when they meet those requirements, to record them in the public record.

The Office of the Monmouth County Clerk cannot offer legal advice and strongly encourage consulting with an attorney or legal advisor whenever you are contemplating the recording of a document which affects real property ownership.

Recorders Document Reference Manual
The Constitutional Officers of New Jersey offer a recording manual which lists requirements, including statutory references, recording fees, acknowledgement requirements and RTF calculations.  The Recorders’ Document Reference Manual may be ordered here.

Document Review Checklist
Review the checklist before submitting a document

Condominium or Homeowner Association Assessment Lien (Notice of Lien)
To create a lien against the real property of a member of a Condominium or Homeowner Association due to unpaid assessment(s) or maintenance fees

Condominium or Homeowner Association Assessment Lien Discharge
To discharge an Assessment Lien for Condominium or Homeowner Association due to unpaid assessment(s) or maintenance fees

Construction Lien Claim 
When a person or business entity files a lien upon real property because that person’s labor, material, supplies etc., were used to improve property without full compensation

Construction Lien Claim Discharge
To discharge the original Construction Lien Claim of record

Notice of Unpaid Balance & Right to File Lien 
To give notice of a potential lien claim against a residential property under the Construction Lien Law

Notice of Unpaid Balance Discharge
To discharge the Notice of Unpaid Balance and Right to File Lien of record

Deed
To convey or transfer title to a freehold interest in real property

Deed – Corrective
To correct a former deed of the same property previously recorded

Deed of Restriction
To place limitations on the use of property which binds all future owners

Deed of Easement
To create a right of use over property

Inheritance Tax Waiver
A waiver releasing property where located from the inheritance taxes

Mortgage 
A security instrument pledging real property as security for the payment of a debt

Mortgage Assignment
To convey the interest of the assignor in the mortgaged property to an assignee

Mortgage Assignment of Leases & Rents
To assign rents and leases in real property from one party to another

Mortgage Cancellation
To cancel an original recorded mortgage

Mortgage Discharge
An instrument that evidences the payment, satisfaction, or discharge of a debt secured by real property

Mortgage Modification or Amendment
To modify the terms in the original mortgage and to replace them with substituted terms or to otherwise amend the terms of the mortgage

Mortgage Postponement or Subordination
A recorded mortgage will be subject, subordinate, and inferior to the new mortgage

Mortgage – Re-Recorded
The purpose of this is to state the requirements for re-recording

Notice of Lis Pendens
A legal notice to show pending litigation relating to real property, and giving notice that anyone acquiring an interest in said property subsequent to the date of the notice may be bound by the outcome of the litigation

Notice of Lis Pendens Discharge
To authorize, empower and direct a discharge, cancel and make null and void the Lis Pendens

Notice of Settlement
A public notice for a contract, agreement or mortgage commitment regarding real estate

Power of Attorney
The principal conveys authority to an agent, to act for him/her in her/her name in a designated capacity

Stream Encroachment Permit – NJDEP Permit
A permit which grants approval for specific use of property

Tax Sale Certificate
To evidence a sale held by tax collector for delinquent taxes and assessments

Tax Sale Certificate Cancellation
To cancel an original Tax Sale Certificate

Tax Sale Certificate for Redemption
To discharge original Tax Sale Certificate

Uniform Commercial Code Documents
To evidence a security interest in personal property

Documents Presented for Re-Recording
The purpose of this is to state the requirements for re-recording