New Jersey Mortgage Deed

State:
Multi-State
Control #:
US-03109BG
Format:
Word; 
Rich Text
Instant download

Description

A mortgage deed is a document which gives a lender legal right and interest in a property. Generally, a borrower is pledging his home as security for a loan. The mortgage deed evidences the lender's ownership in the property. It operates very much the same as a mortgage or deed of trust. The lender can foreclose on the property if the debtor does not make timely payments.
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FAQ

Mainly for this reason, general warranty deeds are the most commonly used type of deed in real estate sales.

The deed must be signed in ink by the Grantors in the presence of a notary public, with the Grantors' names printed below the signatures. Contrary to popular belief, the Grantors' signatures do not need to be witnessed (other than by a notary). The deed does not need to be signed by the Grantees (buyers).

As the closing date nears, seller's attorney will prepare the new deed, seller's affidavit of title and other closing related documents. Shortly before closing, the lender will prepare the mortgage documents and a list of costs associated with the mortgage.

Warranty deeds, or general warranty deeds, are the most common type of real estate deeds. They confirm a grantor's legal ownership of a property and, thus, their right to sell that property to a grantee.

The Purchase and Sale Agreement should specify the type of deed the seller is required to deliver to the buyer at closing. The most common deed transfer is the bargain and sale deed with the covenant against grantor's acts.

A bargain and sale deed with Covenants as to Grantor's Acts is the most common deed in New Jersey. A bargain and sale deed conveys the entirety of the grantor's interest at the time of transfer.

Deeds: A copy of a recorded deed can be obtained from the Tax Assessor's office or through the Morris County Clerk's office public search link here.

The deed and related documents must be prepared in black, legible type so it can easily be read and scanned or photocopied. We recommend signing in blue ink so it is easy to distinguish the original from a photocopy. The name of the Grantors (e.g., sellers) as they appeared on the prior deed must be on the first page.

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New Jersey Mortgage Deed