New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S390

Introduced
1/11/22  
Refer
1/11/22  

Caption

Enhances protections against fraudulent deed recordings.

Impact

This bill significantly impacts state laws concerning property transactions. By mandating that county recording offices collect additional information and notify property owners of recorded deeds, the legislation aims to prevent unauthorized or deceitful transfers of property. This change requires additional oversight from recording officers, who are tasked with maintaining updated contact information for property owners to facilitate efficient notification processes. Moreover, the introduction of a nominal fee for each deed recording further emphasizes the importance of accounting for regulatory costs associated with these requirements.

Summary

Senate Bill 390, known as the 'Property Owner's Protection Act,' proposes enhancements to the existing legal framework that governs the recording of property deeds in New Jersey. The bill introduces new requirements aimed at increasing transparency and safeguarding property owners from fraudulent deed recordings. Specifically, it mandates that any transfer of title to real property must satisfy certain criteria, including the submission of affidavits attesting to the title and any applicable fee structures. An emphasis is placed on ensuring that property transactions are documented accurately and responsibly.

Conclusion

In conclusion, S390 represents a proactive legislative initiative targeting the integrity and reliability of property transactions within New Jersey. Its provisions aim to bolster protections for property owners and promote accountability in the deed recording process. As the bill progresses, its reception will likely hinge on balancing effective fraud prevention with the facilitation of legitimate real estate transactions.

Contention

Discussions surrounding S390 highlight a dual narrative. Proponents argue that the bill's stringent requirements are necessary for protecting property owners against fraudulent activities that could jeopardize their rights. However, critics of the bill may express concerns about the potential bureaucratic burden it places on property transactions, citing the additional fees and procedural steps as obstacles to the buying and selling of real estate. This tension between safeguarding rights and maintaining streamlined processes forms a core area of contention in the legislative discourse.

Companion Bills

NJ A171

Same As Enhances protections against fraudulent deed recordings.

Previously Filed As

NJ A171

Enhances protections against fraudulent deed recordings.

NJ A1784

Enhances protections against fraudulent deed recordings.

NJ S4094

Expands available protections against fraudulent recording of quitclaim deed.

NJ A5301

Expands available protections against fraudulent recording of quitclaim deed.

NJ S1351

Encourages timely recording of residential deeds.

NJ A985

Encourages timely recording of residential deeds.

NJ A836

Encourages timely recording of residential deeds.

NJ S564

Requires limited liability company to disclose ownership information when submitting deed for recording.

NJ A2288

Requires limited liability company to disclose ownership information when submitting deed for recording.

NJ S276

Requires limited liability company to disclose ownership information when submitting deed for recording.

Similar Bills

TX HB1833

Relating to the authority to transfer real property in the name of an entity.

CA AB1716

Estate disposition.

LA SB100

Provides liability protection for federally insured depository institutions and mutual associations that transfer money or property by relying on small succession affidavits. (gov sig)

OR HB2509

Relating to the transfer of recorded brands.

NJ A5032

Requires limited liability company disclose certain information when recording deed concerning residential rental property.

NJ S889

Requires limited liability company disclose certain information when recording deed concerning residential rental property.

TX HB2447

Relating to private transfer fee obligations.

TX SB1578

Relating to private transfer fee obligations.