- December 08, 2017
- All New Jersey Issuing Offices
- UNDERWRITING - Acknowledging Documents for Recording in New Jersey
We have recently seen an increase in questions related to who may acknowledge a document to be recorded in New Jersey. Pursuant to N.J.S.A 46:14-2.1, the following individuals may take acknowledgment or proofs: (1) an attorney-at-law; (2) a notary public; (3) a county clerk or deputy county clerk; (4) a register of deeds and mortgages or a deputy register; (5) a surrogate or deputy surrogate. In addition to these individuals, the statute permits foreign service or consular officers or other representatives of the United States to any foreign nation, within the territory of that nation. This means that documents can be acknowledged outside the United States at a U.S. Embassy or Consulate.
It is important to note under N.J.S.A 46:14-2.1, these individuals are allowed to take acknowledgments or proofs not only in the State of New Jersey but also in all other states and even foreign countries. For example, a New Jersey attorney may acknowledge a deed in Germany. This can be helpful when dealing with signatories who are traveling abroad and cannot make a timely appointment with a U.S. Embassy or Consulate.
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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.