Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When you transact in New Jersey real estate—whether buying, selling, refinancing or clearing title—you must verify every person or entity with a legal or equitable interest in the property. Below is a breakdown of the typical information and documents required by title companies, lenders and recording offices in New Jersey.
1. Natural Persons
- Government-issued photo ID (driver’s license, passport).
- Full legal name, date of birth and current address.
- Social Security number (for lender closing and IRS reporting).
- Proof of name changes (marriage certificate, divorce decree or court order).
- Marital status affidavit if required to confirm spousal rights.
2. Deceased Owners or Decedents
- Certified death certificate.
- Probate documents (letters testamentary or letters of administration).
- Final order or judgment distributing property under N.J.S.A. 3B:3-1 et seq. (N.J.S.A. 3B:3-1).
3. Corporations
- Certified copy of articles of incorporation.
- Certificate of good standing issued by the New Jersey Division of Revenue (N.J.S.A. 14A:3-2).
- Corporate resolution authorizing the transaction.
- Names and titles of officers with signing authority.
4. Limited Liability Companies (LLCs)
- Certificate of formation or certificate of authority for foreign LLCs.
- Certificate of good standing (N.J.S.A. 42:2B-57).
- Operating agreement (to confirm managing members and signing authority).
5. Partnerships
- Executed partnership agreement.
- Certificate of trade name (if doing business under an assumed name).
- List of general partners with authority to bind the partnership.
6. Trusts
- Certification of trust or full trust agreement showing settlor, beneficiaries and trustees.
- Evidence of the trustee’s authority to convey or encumber property.
7. Powers of Attorney & Guardianships
- Recorded power of attorney document, specifying real estate authority.
- Notarized and, if required, witnessed per N.J.S.A. 46:14-8 (N.J.S.A. 46:14-8).
- Letters of guardianship or conservatorship issued by a New Jersey court.
Helpful Hints
- Start a title search early to uncover hidden interests or liens.
- Obtain certified documents; photocopies often get rejected.
- Confirm spelling and legal names match all documents exactly.
- Check for outdated addresses that may block delivery of legal notices.
- Review family records for prior name changes and relationships.
- Use a local notary familiar with New Jersey real estate signings.
- Keep digital and paper copies of all submissions.
- Consult an attorney if you encounter undisclosed heirs or trust disputes.