Q: If a sales contract was witnessed by a notary in 2011 is it still a valid instrument?
I purchased my mother's house in New Jersey from her in 2011 but never had the deed transferred and recorded.
I have all of the sales documentation that was signed and witnessed by a notary. Are those documents still valid for recording the deed?
A: The deed if correctly acknowledged can be recorded at any time. But, there is always a catch, you must meet the current standards for recording the deed,i,e, completed cover sheet, affidavit of consideration, and the appropriate NJ GIT/REP forms. These ancillary forms can be dated currently and signed by you. The forms are available on line. Also, you may call the County Clerk's office to discuss all the recording requirements including payment of fees. The delivery of the deed is valid between you and your mother. However, to be unassailable by a third party, it must be recorded.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
