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How to record a judge’s order in New Jersey

So you were successful in Court and obtained a judgment effecting a piece of real property. It could be a judgment for quiet title under NJSA 2A:62-1, or for declaratory judgment under  2A:16-50 et seq, or any other number of situations where recording the judgment is necessary to protect a client in the future and ensure clear title for future buyers/owners of the property. Fortunately, New Jersey’s recording statute at NJSA 46:26A-2(h) allows a court order effecting real property to be recorded at the County just like a deed or mortgage would be. But there is a process and calling the judge’s clerk doesn’t always give you the answer quickly. The types of cases where an order would be recorded are not that common and very often the judge’s clerk has never dealt with it before. So if you find yourself in this situation here is the process to record a Court Order effecting real estate:

  1. Step one is to wait at least 10 days to ensure no motion for reconsideration is filed, and if one is, wait the appropriate time period before an appeal is barred under the court rule.
  2. Step two is to request the judge to issue a “Certified Order”. You must make the request on JEDS online and pay the fee, and you also have to submit a formal Court Records Request Form on e-courts and CC the judge’s clerk who you want the order from. Be sure to click the box under “Special Copy Requests” for an order that is “Certified with Seal”.
  3. Step three is the easiest. Fill out the local County Recording office’s recording sheet and forward it to them along with the original certified order and a check for the recording fees. Although the exact timing depends on the County, you should get the “filed” stamped copy back within a few weeks.

 

 

2023-07-25T22:04:51+00:00
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