Bulletin: NJ000104

Date:
July 05, 2005
To:
All Issuing Offices in New Jersey
RE:
A2047 EFFECTIVE October 1, 2005 Passage of Bill Prohibiting the Printing or Displaying of individual's Social Security number

Dear Associates:

On June 25, 2005, Acting Governor Codey signed a bill into law prohibiting the printing or displaying of an individual's social security number on documents recorded in the County Recording Offices. This enactment, effective October 1, 2005, is another step taken in the direction of safeguarding personal information.

Essentially, the intention of the Act is to say "be careful" with Social Security numbers. The County Recording Offices are instructed to remove the Social Security number from documents presented for recording. Documents exempt from this Act are:

Court documents
Tax documents
Non-consensual liens (judicial liens)
Documents required to contain a Social Security number by law
Documents filed with or recorded by the County Surrogate Office

The Act does not render any recorded document defective in the event it is recorded with a social security number. The Act further specifies that County Recording Authorities are not liable for any violation of this law.

As applied to Title Insurance Professionals, deeds and mortgages should not contain Social Security numbers. Please note the GIT/REP-1 section containing the Social Security number is not recorded.

In furtherance of the intention of this Act, we may choose to advise the maker of the non-exempt document of the law and obtain approval to delete the Social Security number. We may also rely upon the authority given to the County Clerk's Office and do nothing. A copy of the new law is attached.

As always, please call the State Office if you have any questions.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
NJ000087 Standards for Safeguarding Customer Information - N.J.A.C. 11:1-44.1 et seq.
Underwriting Manual:
None
Exceptions Manual:
None
Forms:
None