Document Recording Requirements

The Cape May County Clerk's Office records, files, and cancels more than 165 types of documents related primarily to real property transactions in the county. Always consult with a licensed New Jersey attorney whenever you are contemplating the recording of a document which affects real property ownership. The Cape May County Clerk's Office can not provide legal advice.

The Constitutional Officers of New Jersey offers a comprehensive recording manual entitled "The Recorders Document Reference Manual." The manual lists recording requirements including statutory references, New Jersey Realty Transfer Tax calculations, recording fees, explanation of acknowledgments and a glossary of terms.
Assessment Lien Discharge for Condominium or Homeowner Association 
The purpose is to discharge an Assessment Lien for Condominium or Homeowner Association due to unpaid assessment(s) or maintenance fees. 

Assessment Lien for Condominium or Homeowner Association
The purpose is 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.  

Construction Lien Claim 

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

Construction Lien Claim Discharge  

The purpose is to discharge the original Construction Lien Claim of record.      

Construction Lien Claim Bond Release
The purpose is to release a Construction Lien by filing a bond which guarantees that a surety bond company will pay.  


Notice of Unpaid Balance & Right to File Lien 

 
The purpose is to give notice of a potential lien claim against a residential property under the Construction Lien Law.
  

Notice of Unpaid Balance Discharge 

 
The purpose is to discharge the Notice of Unpaid Balance and Right to File Lien of record.
  
Notice of Settlement
A public notice for a contract, agreement or mortgage commitment regarding real estate.

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

Master Deed & Condominium Survey/Plan
Purpose is to create and establish description of ownership and interests of individual units together with undivided interest in common elements.

 

Master Deed Amendment 


The purpose is to make amendments to the master deed in the manner set forth in the master deed.

Covenants and Restrictions or Easement
Covenants and Restrictions: to place limitations on the se of property which binds all future owners.
Easement: to place a right of use over property.

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


The purpose is to authorize, empower and direct a discharge, cancel and make null and void the Lis Pendens.
    
Mortgage  
The purpose is to show a security instrument pledging real property as security for the payment of a debt.
  
Mortgage Assignment
The purpose is to convey the interest of the assignor in the mortgaged property to an assignee.
 

Mortgage Assumption Agreement  

The purpose is for the buyer to assume liability under an existing note secured by a mortgage.
  
Mortgage Cancelation  
The purpose of this is to understand the requirements for mortgage cancellation.
  
Mortgage Discharge  
The purpose is to show an instrument that evidences the payment, satisfaction, or discharge of a debt secured by real property.

Mortgage Discharge Alternate Method
View the requirements for Mortgage Discharge by Servicer.    

Mortgage Modification or Amendment

The purpose is 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

The purpose is to show a recorded mortgage will be subject, subordinate, and inferior to the new mortgage.
  
Collateral Assignment of Leases & Rents
The purpose is to assign rents and leases in real property from one party to another.

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

Revocation of Power of Attorney  

The principal revokes authority that was given to an agent under a previously recorded power of attorney.

Release of Part of a Mortgaged Property

The purpose is for the lender to change the mortgage by removing some of the property covered by the mortgage.
 
Tax Sale Certificate
The purpose is to evidence a sale held by tax collector for delinquent taxes and assessments.
  
Tax Sale Certificate Cancelation  
View the requirements for a Tax Sale Certificate Cancellation.
   
Tax Sale Certificate for Redemption  
The purpose is to discharge original Tax Sale Certificate.
  
Uniform Commercial Code Documents
The purpose is 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.