New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 37 - DEED PROCUREMENT SERVICES
Section 13:45A-37.1 - Definitions

Universal Citation: NJ Admin Code 13:45A-37.1
Current through Register Vol. 56, No. 18, September 16, 2024

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Deed" means a written instrument entitled to be recorded in the office of a county recording officer that purports to convey or transfer title to a freehold interest in any lands, tenements, or other realty in this State by way of grant or bargain and sale thereof from the named grantor to the named grantee. A leasehold interest for 99 years or more or a proprietary lease of a cooperative unit and any assignment of a proprietary lease of a cooperative unit, shall be treated as a "freehold" for the purpose of N.J.S.A. 56:8-208 and 209 and this chapter. Instruments providing for common driveways; for exchanges of easements or rights-of-way; for revocable licenses to use, adjust, or to clear defects of or clouds on title; to provide for utility service lines, such as drainage, sewerage, water, electric, telephone, or other such service lines; or to quitclaim possible outstanding interests, shall not be "deeds" for the purposes of N.J.S.A. 56:8-208 and 209 or this chapter.

"Deed procurement service" means the provision by a non-governmental entity of one or more copies of deeds for lands, tenements, or other realty in this State to a property owner, for a fee in excess of the amount authorized pursuant to Title 22A of the New Jersey Statutes that the county clerk's office assesses for providing copies of deeds, and not in relation to the transfer or sale of, or the mortgage origination, mortgage servicing, mortgage refinancing, property tax servicing, or other action initiated by or on behalf of the owner with respect to, such lands, tenements, or realty.

"Written form of communication" or "communication" means a written or electronic communication used by a deed procurement service in order to solicit business.

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