Fort Lee, NJ asked in Real Estate Law for New Jersey

Q: Hi can i cross a written annotation on a deed in front of the clerk and have it recorded with the changes?

we are 2 non married people listed a deed for a condominium purchased in Hudson County, NJ in 2003.

At the signature the lawyer added after the names "as joint tenancy with rights of survivorship" We would like to remove this annotation to keep the property listed on the deed as tenancy in common which would give us the rights of legacy to heirs

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1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
Answered
  • Rockaway, NJ
  • Licensed in New Jersey

A: The better practice would be to have a new deed prepared with you both named as grantors (sellers) and grantees (buyer) using your desired name or relationship. You must also have a deed recording sheet, and a

completed GIT/REP3 form attached. The necessary forms may be obtained on line without charge. The deed must be signed before a notary public or an attorney admitted in NJ. The reason for recording the deed must be stated on the first page Also an affidavit of consideration is required. Recorded deeds are available in each county. You may wish to examine one or two recorded deeds to see how they were completed. Also the Division of vTaxation has revised the GIT/REP3 which must be used effective April 1, 2020. If the revised form is not used, the deed will be rejected and returned unrecorded. When present the instruments for recording include a return, stamped envelope.

M.L.Greb, Esq

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