N.J. Stat. § 46:30C-3 — NJ Code / Title 46 / Chapter 30C / Section 30C-3
Reasonable efforts to return property to owner.
Status: in_force

3. A finder of lost property shall make reasonable efforts to return the property to its owner. Reasonable efforts to return the property depend on the nature of the property, the circumstances in which it is found and the obtainable information concerning its owner. Reasonable efforts may include: a. Attempts to notify the owner of the lost property, or the owner of the premises where found, b. Delivery to the owner or person in charge of the premises where the property was found, or c. Delivery to the local police, or to a lost-and-found facility for the premises where the property was found. L.1999,c.331,s.3.
N.J. Stat. § 46:8A-8 — NJ Code / Title 46 / Chapter 8A / Section 8A-8
Use of elements held in common
Status: in_force

Each co-owner may use the elements held in common in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other co-owners. L.1963, c. 168, s. 8.
N.J. Stat. § 46:18-11.8 — NJ Code / Title 46 / Chapter 18 / Section 18-11.8
Regulations
Status: in_force

3. The Commissioner of Banking and Insurance may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of P.L.1975, c.137 (C.46:18-11.2 et seq.). L.1999,c.272,s.3.
N.J. Stat. § 46:8B-29 — NJ Code / Title 46 / Chapter 8B / Section 8B-29
Zoning
Status: in_force

All laws, ordinances and regulations concerning planning, subdivision or zoning, shall be construed and applied with reference to the nature and use of the condominium without regard to the form of ownership. No law, ordinance or regulation shall establish any requirement concerning the use, location, placement or construction of buildings or other improvements which are, or may thereafter be subjected to this act unless such requirement shall be equally applicable to all buildings and improvements which are, or may thereafter be subjected to this act unless such requirement shall be equally applicable to all buildings and improvements of the same kind not then or thereafter to be subjected to this act. No subdivision or planning approval shall be required as a condition precedent to the recording of a master deed or the sale of any unit unless such approval shall also be required for the use or development of the lands described in the master deed in the same manner as therein set forth had such lands not been submitted to this act. L.1969, c. 257, s. 29, eff. Jan. 7, 1970.
N.J. Stat. § 46:26B-8 — NJ Code / Title 46 / Chapter 26B / Section 26B-8
Approval and filing of duplicates of filed maps.
Status: in_force

Whenever a map has been filed in the office of the county recording officer, and copies of it have been made that differ from the original only in title or style, and there have been made conveyances or liens, under which the lands intended to be conveyed or liened have been described by reference to the unfiled copy, the governing body of the municipality in which the land is located, by resolution, may approve the copy for filing in the manner prescribed by law. This approval and filing shall not constitute a dedication of the streets or lot locations as therein delineated and shall be merely for the identification of the lands conveyed or liened. Source: 46:23-11. L.2011, c.217, s.1.
N.J. Stat. § 46:38A-39 — NJ Code / Title 46 / Chapter 38A / Section 38A-39
Liability to third persons generally
Status: in_force

A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property, or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:8C-7 — NJ Code / Title 46 / Chapter 8C / Section 8C-7
Construction of act
Status: in_force

This act being necessary for the welfare of the State and its inhabitants shall be liberally construed to effectuate the purposes thereof. L.1973, c. 153, s. 7.
N.J. Stat. § 46:38A-11 — NJ Code / Title 46 / Chapter 38A / Section 38A-11
Transfer under will or trust; custodian not nominated or dead, etc.
Status: in_force

If the testator or the settlor under a trust has not nominated a custodian under R.S. 46:38A-6, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under R.S. 46:38A-19. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:38-27 — NJ Code / Title 46 / Chapter 38 / Section 38-27
Custodian; powers, duties
Status: in_force

15. (a) The custodian shall collect, hold, manage, invest and reinvest the custodial property. (b) The custodian shall pay over to the minor for expenditure by him, or expend on behalf of the minor, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education, general use and benefit of the minor in the manner, at the time or times, and to the extent that the custodian in his absolute discretion deems suitable and proper, with or without court order, with or without regard to the duty or ability of himself or of any other person to support the minor, and with or without regard to any other funds, income or property of the minor which may be available for any such purpose. (c) The court, on the application of a parent or guardian of the minor, or on the application of the minor if he has attained the age of 14 years, may order the custodian to pay over to the minor for expenditure by him, or to expend on behalf of the minor, so much of or all the custodial property as is necessary for the minor's support, maintenance, education, general use and benefit. (d) To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor when he attains 21 years of age or, if the minor dies before attaining 21 years of age, the custodian shall thereupon deliver or pay it over to the estate of the minor. The donor at the time the gift is made may expressly direct that the custodianship be terminated and the custodial property be paid over and transferred to the minor at any time after the minor attains the age of 18 years. (e) The custodian, in investing and reinvesting the custodial property, shall act as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in a manner prescribed in this act or hold money so given in an account in the bank to which it was paid or delivered by the donor. (f) (Deleted by amendment.) (g) The custodian may sell, exchange, convert or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable. He may vote a security which is custodial property in person or by general or limited proxy. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer of a security which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver written instruments which he deems advisable to carry out any of his powers as custodian. (h) The custodian shall keep all custodial property separate and distinct from his own property in such a manner as to identify it clearly as custodial property. He shall register each security which is custodial property and in registered form in his name, or in the name of a trust company, followed by substantially the following language: "as custodian for ............................... (name of minor) under the New Jersey Uniform Gifts to Minors Act." He shall hold all money which is custodial property in an account with a broker or in a bank in his name followed by substantially the following language: "as custodian for .......................... (name of minor) under the New Jersey Uniform Gifts to Minors Act." (i) The custodian shall keep records of all transactions with respect to the custodial property and make them available for inspection at reasonable intervals by a parent, guardian or legal representative of the minor, or by the minor if he is 14 years of age or more. (j) In addition to the powers given in this act, a custodian has all the powers with respect to the custodial property which a guardian of the estate would have with respect to property not held as custodial property. (k) If the subject of the gift is a life insurance or endowment policy or annuity contract, the custodian: (1) in his capacity as custodian, has all the incidents of ownership in the policy or contract to the same extent as if he were the owner, except that the designated beneficiary of any policy or contract on the life of the minor shall be the minor's estate and the designated beneficiary of any policy or contract on the life of a person other than the minor shall be the custodian as custodian for the minor for whom he is acting; and (2) may pay premiums on the policy or contract out of the custodial property. (l) The custodian may, in his discretion, terminate the custodianship at any time after the minor has attained the age of 18 years, but the power shall not be exercised by the custodian prior to a termination age fixed by the donor as provided in subsection (c) of this section. L.1963,c.177,s.15; amended 1981, c.377, s.13; repealed R.S. 46:38A-57; (effective July 1, 2007); amended 1997, c.33, s.19.
N.J. Stat. § 46:30B-105.3 — NJ Code / Title 46 / Chapter 30B / Section 30B-105.3
Waiver of penalty and interest.
Status: in_force

73. Waiver of penalty and interest. The administrator shall have discretion to waive the payment of penalties and interest or to reduce the amount of the interest in an appropriate circumstance. L.2002,c.35,s.73.
N.J. Stat. § 46:10B-57 — NJ Code / Title 46 / Chapter 10B / Section 10B-57
Additional legal rights of owner.
Status: in_force

5. a. In addition to any other legal right to rescind a foreclosure consultant contract, an owner has the right to cancel a foreclosure consultant contract at any time until after the foreclosure consultant has fully performed every service the foreclosure consultant contracted to perform and has secured the relief for the owner. b. Cancellation occurs when the owner delivers by any means, written notice of cancellation to the foreclosure consultant at the address specified in the foreclosure consultant contract. A notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. A notice of cancellation sent by certified mail, return receipt requested, to the address specified in the foreclosure consultant contract, shall be conclusive proof of notice of cancellation. c. A notice of cancellation given by the owner need not take the particular form as provided with the foreclosure consultant contract and, however expressed, is effective if it indicates the intention of the owner not to be bound by the contract. L.2011, c.146, s.5.
N.J. Stat. § 46:8C-5 — NJ Code / Title 46 / Chapter 8C / Section 8C-5
Waiver of provisions of act by agreement; invalidity
Status: in_force

Any provision of a lease or other agreement whereby any provision of this act is waived shall be deemed against public policy and shall be void. L.1973, c. 153, s. 5.
N.J. Stat. § 46:8A-18 — NJ Code / Title 46 / Chapter 8A / Section 8A-18
Contributions for payment of expenses of administration and maintenance
Status: in_force

The coowners of the apartments are bound to contribute pro rata toward (a) the expenses of administration, of furnishing services and of maintenance and repair of the exterior of each building and of the general common elements, and, in the proper case, of the limited common elements, of the property; (b) the expenses relating to the maintenance and servicing of recreational areas and related facilities and expenses involved in furnishing services to coowners and in furnishing for coowners areas and facilities for pursuing activities;and (c) any other expense lawfully agreed upon. The amount of each contribution shall be computed by the administrator, or the board of administration, or other form of administration specified in the bylaws, and with respect to the expenses referred to under (a) above may be based upon the assessed valuation of the apartment, or such other basis of computation as in the opinion of the administrator, or the board of administration, or other form of administration specified in the bylaws, is more equitable, and with respect to the expenses referred to in (b) above shall be based upon a per capita assessment against each occupant, and with respect to the expenses referred to under (c) above, upon the basis agreed upon. No coowner may exempt himself from contributing toward such expenses by waiver of the use or enjoyment of the common elements or by abandonment of the apartment belonging to him. L.1963, c. 168, s. 18. Amended by L.1978, c. 124, s. 8, eff. Oct. 5, 1978.
N.J. Stat. § 46:8-9.12 — NJ Code / Title 46 / Chapter 8 / Section 8-9.12
Inapplicability of act to seasonal use, rental.
Status: in_force

10. The provisions of P.L.2008, c.111 (C.46:8-9.4 et al.) shall not apply to any lease for the seasonal use or rental of real property. For purposes of this paragraph "seasonal use or rental" means use or rental for a term of not more than 125 consecutive days for residential purposes by a person having a permanent place of residence elsewhere, but shall not include use or rental of living quarters for seasonal, temporary or migrant farm workers in connection with any work or place where work is being performed. The landlord shall have the burden of proving that the use or rental of the residential property is seasonal. L.2008, c.111, s.10.
N.J. Stat. § 46:8A-15 — NJ Code / Title 46 / Chapter 8A / Section 8A-15
Necessary contents of by-laws; modification of system; recordation
Status: in_force

The bylaws must necessarily provide for at least the following: (a) Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation thereof. (b) Provisions for notices of meetings of coowners containing a statement of the purpose of the meeting; method of notifying and calling or summoning the coowners to assemble; that all decisions, including decisions involving capital expenditures, shall require the affirmative vote of at least a majority of the coowners of the property; who is to preside over the meeting and who will keep the minute book wherein the resolutions shall be recorded. (c) Care, upkeep and surveillance of each building and the general and limited common elements and services of each building. (d) Manner of collecting from the coowners for the payment of the common expenses. (e) Designation and dismissal of the personnel necessary for the works and the general and limited common services of each building. The sole owner of the property, or, if there be more than one, a majority of the coowners of the property, may at any time modify the system of administration, but each one of the particulars set forth in this section shall always be embodied in the bylaws. No such modification may be operative until it is embodied in a recorded instrument which shall be recorded in the same office and in the same manner as was the master deed and original bylaws of the horizontal property regime involved. L.1963, c. 168, s. 15. Amended by L.1978, c. 124, s. 6, eff. Oct. 5, 1978.
N.J. Stat. § 46:8-8 — NJ Code / Title 46 / Chapter 8 / Section 8-8
Forfeiture of lease of premises used for prostitution or assignation
Status: in_force

If the lessee of any dwelling house or other premises situate in this state shall use the same for purposes of prostitution or assignation, the lease or agreement for letting the same shall thereupon become immediately void, and the landlord may enter thereon, and shall have the same remedies to recover possession as are given by law when a tenant holds over after the expiration of his lease.
N.J. Stat. § 46:2F-9 — NJ Code / Title 46 / Chapter 2F / Section 2F-9
Rule against perpetuities abrogated
Status: in_force

13. No interest created in real or personal property shall be void by reason of any rule against perpetuities, whether the common law rule or otherwise. The common law rule against perpetuities shall not be in force in this State. L.1999,c.159,s.13.
N.J. Stat. § 46:30B-41.3 — NJ Code / Title 46 / Chapter 30B / Section 30B-41.3
Presumption of abandonment; class actions.
Status: in_force

34. Presumption of abandonment; class actions. Property received by a court as proceeds of a class action and not distributed pursuant to the judgment is presumed abandoned one year after the initial distribution date. L.2002,c.35,s.34.
N.J. Stat. § 46:8B-6 — NJ Code / Title 46 / Chapter 8B / Section 8B-6
Common elements
Status: in_force

The proportionate undivided interest in the common elements assigned to each unit shall be inseparable from such unit, and any conveyance, lease, devise or other disposition or mortgage or other encumbrance of any unit shall extend to and include such proportionate undivided interest in the common elements, whether or not expressly referred to in the instrument effecting the same. The common elements shall remain undivided and shall not be the object of an action for partition or division. The right of any unit owner to the use of the common elements shall be a right in common with all other unit owners (except to the extent that the master deed provides for limited common elements) to use such common elements in accordance with the reasonable purposes for which they are intended without encroaching upon the lawful rights of the other unit owners. L.1969, c. 257, s. 6, eff. Jan. 7, 1970.
N.J. Stat. § 46:14-6.1 — NJ Code / Title 46 / Chapter 14 / Section 14-6.1
Officers authorized to take acknowledgments.
Status: in_force

46:14-6.1. Officers authorized to take acknowledgments. a. The officers of this State authorized to take acknowledgments or proofs in this State, or in any other United States or foreign jurisdiction, are: (1) an attorney-at-law; (2) a notary public; (3) a county clerk or deputy county clerk; (4) a register of deeds and mortgages or a deputy register; (5) a surrogate or deputy surrogate. b. The officers authorized to take acknowledgments or proofs, in addition to those listed in subsection a., are: (1) any officer of the United States, of a state, territory or district of the United States, or of a foreign nation authorized at the time and place of the acknowledgment or proof by the laws of that jurisdiction to take acknowledgments or proofs. If the certificate of acknowledgment or proof does not designate the officer as a justice, judge or notary, the certificate of acknowledgment or proof, or an affidavit appended to it, shall contain a statement of the officer's authority to take acknowledgments or proofs; (2) a foreign service or consular officer or other representative of the United States to any foreign nation, within the territory of that nation. added 1991, c.308, s.1; amended 2021, c.179, s.31.
N.J. Stat. § 46:38-19.1 — NJ Code / Title 46 / Chapter 38 / Section 38-19.1
Resignation, death or removal of custodian; designation of successor custodian
Status: in_force

a. A custodian may, before he renounces, dies, resigns or is removed from office, designate a successor custodian if the donor has failed to designate a successor. The custodian may designate his successor by executing and dating an instrument of designation before a subscribing witness other than the successor. The instrument of designation may but need not contain the resignation of the custodian. b. In the absence of an effective designation of a successor custodian by the custodian, the donor may designate a successor by executing and dating an instrument of designation before a subscribing witness other than the successor. c. In the absence of an effective designation of a successor custodian by either the custodian or donor, the guardian of the minor shall become successor custodian; in the absence of a guardian, the minor, if he has attained the age of 14 years, may designate a successor custodian by executing an instrument of designation before a subscribing witness other than the successor. d. If the minor has no guardian and if no successor custodian who is eligible and has not died or become legally incapacitated has been designated as a successor custodian, the legal representative of the donor, the legal representative of the custodian or an adult member of the minor's family may apply to the court for the designation of a successor custodian. e. A successor custodian has all the rights, powers, duties and immunities of a custodian designated in a manner prescribed by this act. L. 1981, c. 377, s. 6, eff. March 1, 1982; repealed R.S. 46:38A-57 (effective July 1, 2007).
N.J. Stat. § 46:10B-35 — NJ Code / Title 46 / Chapter 10B / Section 10B-35
Regulations.
Status: in_force

14. The Commissioner of Banking and Insurance, in consultation and collaboration with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, shall promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the provisions of P.L.2003, c.64 (C.46:10B-22 et seq.). L.2003,c.64,s.14; amended 2004, c.84, s.6.
N.J. Stat. § 46:38A-12 — NJ Code / Title 46 / Chapter 38A / Section 38A-12
Other transfers by personal representative or trustee
Status: in_force

Subject to R.S. 46:38A-14, a personal representative or a trustee may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor, in the absence of a will or under a will or a trust that does not contain an authorization to do so. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:8-29.1 — NJ Code / Title 46 / Chapter 8 / Section 8-29.1
Tenants advised of list.
Status: in_force

2. Within 30 days following notification by the municipal clerk pursuant to section 1 of P.L.2017, c.266 (C.40:48-2.67), and thereafter, at the time of creation of a tenancy, a landlord shall advise each tenant that the clerk of the municipality maintains a list containing the names and addresses of municipal residents who identify themselves as being in need of special assistance in the event of an emergency, and who request that this information be maintained on their behalf, for public safety purposes. The landlord shall provide each tenant with a copy of the notice including information as to how a tenant may be added to the list. L.2017, c.266, s.2.
N.J. Stat. § 46:8-3 — NJ Code / Title 46 / Chapter 8 / Section 8-3
Lessees of real estate; rights against grantees of reversion
Status: in_force

From and after November tenth, one thousand seven hundred and ninety-seven, all lessees of real estate for a term of years, life or lives, their executors, administrators or assigns, shall have the like action and advantage against all persons and bodies politic and corporate, their heirs, successors and assigns, who have or shall have any gift or grant of the reversions of such real estate so let, or any part thereof, for any condition, covenant or agreement contained in their leases, as the same lessees, or any of them, ought or might have had against such lessors, and their heirs, excepting the right to recover upon any warranty of title, by deed or implied by law.
N.J. Stat. § 46:8B-18 — NJ Code / Title 46 / Chapter 8B / Section 8B-18
Prohibited work
Status: in_force

There shall be no material alteration of or substantial addition to the common elements except as authorized by the master deed. No unit owner shall contract for or perform any maintenance, repair, replacement, removal, alteration or modification of the common elements or any additions thereto, except through the association and its officers. No unit owner shall take or cause to be taken any action within his unit which would jeopardize the soundness or safety of any part of the condominium property or impair any easement or right appurtenant thereto or affect the common elements without the unanimous consent of all unit owners who might be affected thereby. L.1969, c. 257, s. 18, eff. Jan. 7, 1970.
N.J. Stat. § 46:30B-79 — NJ Code / Title 46 / Chapter 30B / Section 30B-79
Payment of claim.
Status: in_force

46:30B-79. Payment of claim. If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received or the net proceeds if it has been sold by the administrator, together with any additional amount required by Article 21 of this chapter. If the claim is for property presumed abandoned under Article 10 of this chapter which was sold by the administrator within one year after the date of delivery, the amount payable for that claim is the net proceeds of sale. At the time a claim is allowed, the administrator shall pay to the claimant interest upon the monies of the claimant for the period during which those monies were in the custody of the administrator, but interest shall not be payable for any period before the effective date of this chapter. The rate of interest shall be periodically fixed by the administrator. L.1989, c.58, s.1; amended 2002, c.35, s.53.
N.J. Stat. § 46:3-17.1 — NJ Code / Title 46 / Chapter 3 / Section 3-17.1
Joint tenancies; creation
Status: in_force

Any conveyance of real estate, hereafter made, by the grantor therein, to himself and another or others, as joint tenants shall, if otherwise valid, be as fully effective to vest an estate in joint tenancy in such real estate in the grantees therein named, including the grantor, as if the same had been conveyed by the grantor therein to a third party and by such third party to said grantees. L.1950, c. 71, p. 129, s. 1, eff. April 25, 1950.
N.J. Stat. § 46:30B-78 — NJ Code / Title 46 / Chapter 30B / Section 30B-78
Time to consider claim; notice of denial.
Status: in_force

46:30B-78. Time to consider claim; notice of denial. The administrator shall consider each claim within 120 days after it is filed or, in the case of a claim of a person asserting an entitlement as an heir to the property of an intestate decedent, within 120 days of the claimant's submission of the matters (1) through (4) required in subsection b. of R.S.46:30B-77, and give written notice to the claimant if the claim is denied in whole or in part. The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent. If an address for notices is not stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim. A notice of denial need not be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant. L.1989, c.58, s.1; amended 1995, c.152, s.5; 2002, c.35, s.52.
N.J. Stat. § 46:30B-94 — NJ Code / Title 46 / Chapter 30B / Section 30B-94
Assessing estimated costs for examination when records are insufficient.
Status: in_force

46:30B-94. Assessing estimated costs for examination when records are insufficient. If, after the effective date of P.L.2002, c.35, a holder does not maintain the records required by R.S.46:30B-95 and the records of the holder available for the periods subject to this chapter are insufficient to permit the preparation of a report, the administrator may require the holder to report and pay to the administrator the amount the administrator reasonably estimates, on the basis of any available records of the holder, or by any other reasonable means of estimation acceptable to the administrator, that should have been but was not reported. In the event property was delivered to the administrator based upon an estimate or statistical method, the holder shall be required to indemnify the administrator for any amounts claimed by owners in excess of the estimated amount remitted. L.1989, c.58, s.1; amended 2002, c.35, s.61.
N.J. Stat. § 46:8D-5 — NJ Code / Title 46 / Chapter 8D / Section 8D-5
Plan of cooperative ownership
Status: in_force

A plan of cooperative ownership is created by recording in the office of the county recording officer of the county wherein the land is located a master declaration and master register of all cooperative units allocated for separate occupancy, each of which documents shall be executed and acknowledged by all owners of the land and shall set forth the matters required by sections 6 and 7 of this act. 1987, c. 381, s.5.
N.J. Stat. § 46:30B-24 — NJ Code / Title 46 / Chapter 30B / Section 30B-24
Determining maturity of insurance policy or annuity contract.
Status: in_force

46:30B-24. Determining maturity of insurance policy or annuity contract. For purposes of this article, a life or endowment insurance policy or annuity contract not matured by actual proof of death of the insured or annuitant according to the records of the company is matured and the proceeds due and payable if: a. The company knows that the insured or annuitant has died; or b. The insured has attained, or would have attained if he were living, the limiting age under the mortality table on which the reserve is based; c. The policy was in force at the time the insured attained, or would have attained, the limiting age specified in subsection b.; and d. Neither the insured nor any other person appearing to have an interest in the policy within the preceding two years, according to the records of the company, has assigned, readjusted, or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy, or otherwise indicated an interest as evidenced by a contemporaneous memorandum or other record on file prepared by an employee of the company. L.1989, c.58, s.1; amended 2002, c.35, s.19.
N.J. Stat. § 46:7-7 — NJ Code / Title 46 / Chapter 7 / Section 7-7
Conveyances to lodges prior to incorporation valid after incorporation
Status: in_force

Where any conveyance of real estate has, prior to January 2, 1964, been made, executed and recorded to or in favor of any lodge, subordinate lodge, society, or other body or association not incorporated at the time of such conveyance, whose members shall have entered into the possession and enjoyment of such real estate, such conveyance shall, if such lodge, subordinate lodge, society or other body or association shall thereafter make, execute and record and file a certificate of incorporation in the manner provided by Title 15, Corporations and Associations Not for Profit, under the title named and set forth in such conveyance of real estate be as valid and effectual as if such lodge, subordinate lodge, society or other body or association had been a duly incorporated body at the time of the execution and recording of any such conveyance. Amended by L.1965, c. 156, s. 1.
N.J. Stat. § 46:30B-68 — NJ Code / Title 46 / Chapter 30B / Section 30B-68
Crediting dividends, interest or other increments to owner's account
Status: in_force

46:30B-68. Crediting dividends, interest or other increments to owner's account. Whenever property other than money is paid or delivered to the administrator under this chapter, the owner is entitled to receive from the administrator any dividends, interest, or other increments realized or accruing on the property at or before liquidation or conversion thereof into money. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:26A-2 — NJ Code / Title 46 / Chapter 26A / Section 26A-2
Documents that may be recorded.
Status: in_force

Documents affecting real property entitled to recording are: a. deeds or other conveyances, releases, or declarations of trust of any interest; b. powers of attorney for conveyance or release of any interest; c. leases, or memoranda of leases, for life or a term not less than two years; d. mortgages or other conveyances in the nature of a mortgage; e. liens or encumbrances and releases of liens or encumbrances on any interest; f. assignments, discharges, cancellations, or releases; g. options and rights of first refusal; h. certified copies of judgments, decrees and orders of courts of record; i. reports of condemnation commissioners filed with the Superior Court; declarations of taking duly executed by executive officials of condemnors in accordance with section 17 of P.L.1971, c.361 (C.20:3-17); j. notices of federal tax liens, liens arising from the federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980," Pub.L.96-510 (42 U.S.C.s.9601 et seq.), and other federal liens, which any Act of Congress or regulation adopted pursuant to it provides for filing of notice in the recording office designated by a state, and certificates discharging such liens; k. restrictions affecting the real property or its use; l. notices of settlement as provided by this chapter; m. maps as provided by this chapter; n. condominium master deeds and unit deeds as defined by law; o. cooperative master declarations and proprietary leases as defined by law; p. any other document that affects title to any interest in real property in any way or contains any agreement in relation to real property, or grants any right or interest in real property or grants any lien on real property; and q. any other document relating to real property that is directed to be recorded by any statute or court order. Source: 46:16-1. L.2011, c.217, s.1.
N.J. Stat. § 46:2B-8.8 — NJ Code / Title 46 / Chapter 2B / Section 2B-8.8
Delegation by attorney-in-fact.
Status: in_force

8. Delegation by Attorney-in-Fact. If the power of attorney shall specifically provide, the attorney-in-fact, in the exercise of reasonable care, skill and caution, may delegate to other agents such one, more, or all of the specific powers which have been conferred on the attorney-in-fact by the power of attorney. L.2000,c.109,s.8.
N.J. Stat. § 46:8B-28 — NJ Code / Title 46 / Chapter 8B / Section 8B-28
Resubmission
Status: in_force

The removal of any property from the provisions of this act shall not bar the resubmission of the property to the provisions of this act in the manner herein provided. L.1969, c. 257, s. 28, eff. Jan. 7, 1970.
N.J. Stat. § 46:38-20 — NJ Code / Title 46 / Chapter 38 / Section 38-20
Acceptance of custodianship by designated successor
Status: in_force

A person designated a successor custodian shall be deemed to have accepted the custodianship upon the execution by him and delivery to the person or court who designated him a notice in writing of his acceptance of the custodianship. If the successor designee does not deliver such a notice of acceptance to the designator within 10 days of delivery to him of the designation, the designator shall promptly deliver to the successor designee a notice in writing requesting an acceptance or renunciation. If the successor designee fails to deliver to the donor a written notice of acceptance or renunciation within 10 days after delivery to him of the request he shall be deemed to have renounced. In that event the donor shall make a written recital of the failure to respond and the consequent renunciation. The designator shall promptly cause a copy of each writing sent, received or made by him to be delivered to the original custodian or his legal representative, to each other successor custodian, to the donor and to the minor if he is then 14 years of age or more. L. 1963, c. 177, s. 8; repealed R.S. 46:38A-57 (effective July 1, 2007).
N.J. Stat. § 46:3-25 — NJ Code / Title 46 / Chapter 3 / Section 3-25
Solar easements; creation in writing; recording
Status: in_force

Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements. L.1978, c. 152, s. 2.
N.J. Stat. § 46:30B-97.1 — NJ Code / Title 46 / Chapter 30B / Section 30B-97.1
Enforcement. Actions in federal court or courts of other states by administrator
Status: in_force

46:30B-97.1. Enforcement. Actions in federal court or courts of other states by administrator. Where no New Jersey court has jurisdiction over the person involved, the administrator may commence an action in a federal court or other state court which has jurisdiction. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:3B-8 — NJ Code / Title 46 / Chapter 3B / Section 3B-8
Review and approval of alternate new home warranty security programs; fees; hearings; revocation of approval
Status: in_force

The commissioner is authorized and directed to review and approve alternate new home warranty security programs which provide for payment of claims against builders for defects covered under the new home warranty and financial security adequate to cover the total amount of claims that may be reasonably anticipated against participating builders at least equivalent to that provided by the new home warranty security fund. However, any new home warranty insurance program approved by the Commissioner of Insurance prior to the adoption of this act shall: (1) Constitute an approved alternate new home warranty security program and shall be deemed in accordance with this section and in compliance with this act in the form and substance heretofore approved by the Commissioner of Insurance, (2) not be subject to any rules and regulations adopted by the Commissioner of the Department of Community Affairs pursuant to this act when such rules and regulations are in conflict with said previously approved new home warranty program. Any person desiring approval of a new home warranty security program shall make application to the commissioner in such form and manner as he shall prescribe. He may establish and charge reasonable fees to cover the costs incurred in reviewing and approving such applications. The commissioner shall review each application and conduct any investigation he deems necessary with respect to an application. The commissioner may, and if an applicant so requests, he shall, hold a hearing on an application in accordance with the provisions of the Administrative Procedures Act (P.L.1968, c. 410, C. 52:14B-1 et seq.) applicable to contested cases. If the commissioner finds that a new home warranty security program provides coverage and financial security at least equivalent to the new home warranty security fund, he shall approve the program. The commissioner may revoke or suspend the approval for such a program after a hearing in accordance with the same procedures applicable to hearings on applications if he finds that the program no longer provides coverage and financial security equivalent to the new home warranty security fund. L.1977, c. 467, s. 8.
N.J. Stat. § 46:30B-105.1 — NJ Code / Title 46 / Chapter 30B / Section 30B-105.1
Penalty for fraudulent report.
Status: in_force

46:30B-105.1. Penalty for fraudulent report. A holder who makes a fraudulent report shall pay to the administrator, in addition to interest as provided in R.S.46:30B-103, a civil penalty of $1,000 for each day the report is withheld up to a maximum of $250,000, plus 25% of the value of any property that should have been but was not reported. L.1989, c.58, s.1; amended 2002, c.35, s.67.
N.J. Stat. § 46:8-5 — NJ Code / Title 46 / Chapter 8 / Section 8-5
Judicial sale of leased interests
Status: in_force

The estate of any lessee of real estate, or of any estate or interest therein, for life or for a term not less than two years, the lease whereof shall have been recorded in the manner prescribed by law, shall be liable to sale under a judgment or decree, in like manner only as estates of freehold are liable to be sold thereunder.
N.J. Stat. § 46:10B-2 — NJ Code / Title 46 / Chapter 10B / Section 10B-2
Prepayment of mortgage loan without penalty
Status: in_force

Prepayment of a mortgage loan may be made by or on behalf of a mortgagor at any time without penalty. L.1968, c. 54, s. 2, eff. June 6, 1968. Amended by L.1973, c. 297, s. 1, eff. Dec. 6, 1973; L.1975, c. 87, s. 1, eff. May 8, 1975; L.1979, c. 85, s. 3, eff. May 10, 1979; L.1979, c. 253, s. 2, eff. Dec. 21, 1979.
N.J. Stat. § 46:8B-36 — NJ Code / Title 46 / Chapter 8B / Section 8B-36
Master deeds or bylaws of association; rebuttable presumption of unconscionability
Status: in_force

There is hereby established a rebuttable presumption of unconscionability with respect to provisions of master deeds or association bylaws recorded prior to the effective date of this act which shall arise whenever such a master deed or by laws shall contain any provision or clause affording the developer or the association a right of first refusal to buy a condominium unit upon resale, gift or devise by the condominium unit owner. Such presumption may be rebutted by the developer or the association by the presentation of evidence of the existence of facts and circumstances sufficient to justify and validate a provision of the master deed or the bylaws which would otherwise appear to be unconscionable under the provisions of this section. L.1979, c. 297, s. 6, eff. Jan. 17, 1980. Amended by L.1980, c. 103, s. 2, eff. Sept. 11, 1980.
N.J. Stat. § 46:24-22 — NJ Code / Title 46 / Chapter 24 / Section 24-22
Purpose and construction of chapter
Status: in_force

The provisions of this chapter shall be construed by all courts according to the true intent and purpose thereof, which is declared to be to establish the use of local indexes for public records of land in the larger counties in population in this state, and thereby give to all future instruments required by law to be recorded or registered actual publicity upon the records, and give to the public facility of access thereto, and the courts are hereby directed to give such construction to this chapter as shall carry out such general purpose.
N.J. Stat. § 46:8-9.8 — NJ Code / Title 46 / Chapter 8 / Section 8-9.8
Notice relative to public housing leases.
Status: in_force

5. Where the leased premises are under the control of a public housing authority or redevelopment agency, the victim of domestic violence shall give notice in accordance with any relevant regulations pertaining to public housing leases. When the terms of the tenancy are controlled by a publicly-funded housing assistance contract, notice and security deposit terms, requirements, and protections shall conform and be subject to restrictions, limitations or other requirements imposed by State or federal law. L.2008, c.111, s.5.
N.J. Stat. § 46:8D-17 — NJ Code / Title 46 / Chapter 8D / Section 8D-17
Resubmission permissible
Status: in_force

The removal of any property from the provisions of this act shall not bar the resubmission of the property to the provisions of this act in the manner herein provided. 1987, c. 381, s.18.
N.J. Stat. § 46:10B-19 — NJ Code / Title 46 / Chapter 10B / Section 10B-19
Option of mortgagor to enter into subsequent mortgage with same mortgagee
Status: in_force

With respect to a reverse annuity mortgage or a reverse direct payment mortgage, at the termination of the mortgage the mortgagor shall have the option to enter into a subsequent reverse annuity mortgage or a reverse direct payment mortgage with the same mortgagee, provided the mortgagee consents to the subsequent reverse annuity mortgage or the reverse direct payment mortgage and provided the mortgaged property has not depreciated significantly during the term of the initial mortgage and the subsequent mortgage does not exceed 90% of the value of the unencumbered portion of the mortgaged property, or such amount as is established by the commissioner by regulation. L.1979, c. 140, s. 4, eff. July 6, 1979.
N.J. Stat. § 46:38-25 — NJ Code / Title 46 / Chapter 38 / Section 38-25
Rights, duties or authority of guardian with respect to custodial property
Status: in_force

A guardian of a minor shall have no right, power, duty or authority with respect to custodial property except as provided in this act. L. 1963, c. 177, s. 13; repealed R.S. 46:38A-57 (effective July 1, 2007).
N.J. Stat. § 46:30C-4 — NJ Code / Title 46 / Chapter 30C / Section 30C-4
Claiming of lost property.
Status: in_force

4. a. A person may claim lost property only after making reasonable efforts to return the property to its owner. b. If the owner of the lost property does not reclaim it within 120 days of the commencement of reasonable efforts to return it: (1) The owner of the premises where the property was found may claim title to buried or hidden lost property or to lost property which a trespasser found; (2) The finder of the property may claim title to lost property in other cases. c. If the owner of the premises or finder does not claim the lost property, and an action is not pending to determine rights to the property: (1) Marketable property shall be sold by the clerk of the municipality in which it is located and the proceeds, less costs of sale shall be transmitted to the administrator of the "Uniform Unclaimed Property Act (1981)" (R.S.46:30B-1 et seq.), for deposit in the Unclaimed Personal Property Trust Fund established pursuant to the provisions of R.S.46:30B-74; (2) Non-marketable property may be treated as abandoned. L.1999,c.331,s.4.
N.J. Stat. § 46:3C-3 — NJ Code / Title 46 / Chapter 3C / Section 3C-3
Definitions
Status: in_force

3. As used in this act: "Newly constructed" means any dwelling unit not previously occupied, excluding dwelling units constructed solely for lease and units governed by the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C.5401 et seq. "Off-site conditions" mean those conditions which may materially affect the value of the residential real estate property and shall be limited to the following: (1) The latest Department of Environmental Protection listing of sites included on the National Priorities List pursuant to the "Comprehensive Environmental Response, Compensation and Liability Act of 1980," 42 U.S.C. 9601 et seq.; (2) The latest sites known to and confirmed by the Department of Environmental Protection and included on the New Jersey master list of known hazardous discharge sites, prepared pursuant to P.L.1982, c.202 (C.58:10-23.15 et seq.); (3) Overhead electric utility transmission lines conducting 240,000 volts or more; (4) Electrical transformer substations; (5) Underground gas transmission lines as defined in 49 C.F.R.192.3; (6) Sewer pump stations of a capacity equal to, or in excess of 0.5 million gallons per day and sewer trunk lines in excess of 15 inches in diameter; (7) Sanitary landfill facilities as defined pursuant to section 3 of P.L.1970, c.39 (C.13:1E-3); (8) Public wastewater treatment facilities; and (9) Airport safety zones as defined pursuant to section 3 of P.L.1983, c.260 (C.6:1-82). "Person" means an individual, firm, corporation, limited liability corporation, partnership, association, trust or other legal entity or any combination thereof. "Property" means a lot or plat upon which a residence has been, or will be, constructed. "Project" means the development site upon which residential real estate for one or more purchasers is being constructed. "Public wastewater treatment facility" means a structure or land involving the collection, conveyance, storage, reduction, recycling, reclamation, disposal, separation or other treatment of wastewater or sewage sludge. "Purchaser" means a buyer of newly constructed residential real estate. "Residential real estate" means a property or structure or both which will serve as a residence for the purchaser. "Seller" means a real estate broker, real estate salesperson and real estate broker-salesperson as defined in R.S.45:15-3 or a builder as defined in section 2 of P.L.1977, c.467 (C.46:3B-2) who is engaged in the sale of newly constructed residential real estate. L.1995,c.253,s.3.
N.J. Stat. § 46:3C-2 — NJ Code / Title 46 / Chapter 3C / Section 3C-2
Findings, declarations relative to purchase of residential real estate
Status: in_force

2. The Legislature finds and declares that the purchase of a residence involves a substantial portion of the average household's net worth, and the decision to purchase a particular residence requires consideration of a wide range of factors concerning the area in which the residential real estate is located; that the professionals who engage in the business of selling newly-constructed residential real estate can facilitate prudent decision-making with respect to the purchase of residences by advising purchasers of the availability of information concerning factors which can reasonably be determined to exist and which may affect the value of the residence; that the due diligence responsibilities of purchasers and the disclosure duties of sellers of residential real estate are mutually interdependent and, therefore, ambiguity in the definition and assignment of the sellers' disclosure duties may inadvertently diminish the due diligence efforts of purchasers, or unnecessarily increase the costs of residential real estate transactions; and that there currently exists ambiguity concerning the disclosure duties of the sellers of residential real estate. The Legislature therefore determines that it is in the public interest to define the entirety of the disclosure duties of the sellers of newly constructed residential real estate and to create a public repository of relevant off-site conditions which may be accessed by purchasers of such real estate. L.1995,c.253,s.2.
N.J. Stat. § 46:30B-57 — NJ Code / Title 46 / Chapter 30B / Section 30B-57
Payment or delivery with report.
Status: in_force

46:30B-57. Payment or delivery with report. At the time of the filing of the report as established by R.S.46:30B-49, a holder shall pay or deliver to the administrator all of the unclaimed property set forth in its report and all accretions thereon, except for the property provided for in R.S.46:30B-58. Tangible property held in a safe deposit box or other safekeeping repository shall not be delivered to the administrator until 120 days after filing the report required by R.S.46:30B-47. The administrator may decline to receive property reported under this chapter which the administrator considers to have value less than the expenses of notice and sale. L.1989, c.58, s.1; amended 2002, c.35, s.44.
N.J. Stat. § 46:3C-6 — NJ Code / Title 46 / Chapter 3C / Section 3C-6
Lists from the Commissioner of Environmental Protection
Status: in_force

6. a. The Commissioner of Environmental Protection shall provide the municipal clerk of each municipality with lists, in the form and manner specified by the Commissioner of Community Affairs, after consultation with the Department of Environmental Protection, of the location of all off-site conditions, as defined in paragraphs (1), (2) and (7) of section 3 of P.L.1995, c.253 (C.46:3C-3), located within the boundaries of the municipality. b. The Commissioner of Environmental Protection shall submit the lists within one year of the effective date of this act and shall update the lists, as necessary, as of August 31 of every year. The department shall also send to the municipal clerk of each municipality receiving the lists a statement as follows: "This list identifies [insert type] off-site conditions as defined in the "New Residential Construction Off-Site Conditions Disclosure Act," P.L.1995, c.253 (C.46:3C-1 et seq.), which as of [date] have been identified and listed by the Department of Environmental Protection as existing within [name of municipality]." L.1995,c.253,s.6.
N.J. Stat. § 46:26A-4 — NJ Code / Title 46 / Chapter 26A / Section 26A-4
Exceptions to prerequisites to recording.
Status: in_force

Notwithstanding the prerequisites to recording in N.J.S.46:26A-3, the following may be recorded: a. documents that establish or evidence a trust under which a fiduciary has acquired real property if accompanied by an affidavit of the fiduciary that the document is an original trust document; b. ancient documents that cannot be acknowledged or proved because of the death or other disability of the grantors and subscribing witnesses, accompanied by an affidavit made by a person claiming to derive title from the document stating that the affiant truly believes that quiet, continuous, adverse and undisturbed possession of the real property has been enjoyed by virtue of the document for the period applicable for adverse possession; c. documents other than those listed in N.J.S.46:26A-2 that by their nature cannot be acknowledged or proved, accompanied by an affidavit made by a person claiming to derive title to the real property stating that the document is genuine and how the document relates to title to the real property; d. notices of federal tax liens, liens arising from the federal "Comprehensive Environmental Response, Compensation and Liability Act of 1980," Pub.L.96-510 (42 U.S.C.s.9601 et seq.), and other federal liens, which any Act of Congress or regulation adopted pursuant to it provides for filing of notice in the recording office designated by a state, and certificates discharging such liens; e. maps as provided by P.L.2011, c.217 (N.J.S.46:26A-1 et al.); f. notices of settlement executed by an attorney at law or authorized representative of a party in accordance with P.L.2011, c.217 (N.J.S.46:26A-1 et al.); g. certified copies of: (1) judgments, decrees, or orders of any court of record and petitions filed in a United States Bankruptcy Court; (2) government issued documents affecting title to real property, including declarations of takings duly executed by executive officials of condemnors in accordance with section 17 of P.L.1971, c.361 (C.20:3-17); (3) documents recorded or filed in any public recording office in the United States; h. a recorded mortgage bearing an endorsement: (1) authorizing cancellation of the mortgage signed by the mortgage holder; and (2) made on the original mortgage that bears on it the receipt given by the county recording officer at the time it was recorded; and i. any other document that is permitted by another statute to be recorded or filed without acknowledgment. Source: 46:16-1.1; 46:16-4.1; 46:16-4.2; 46:16-4.3; 46:16-5.1; 46:16-7; 46:16-9; 46:16-10; 46:16-13; 46:16-14. L.2011, c.217, s.1.
N.J. Stat. § 46:10B-22 — NJ Code / Title 46 / Chapter 10B / Section 10B-22
Short title.
Status: in_force

1. This act shall be known and may be cited as the "New Jersey Home Ownership Security Act of 2002."
L.2003,c.64,s.1.
N.J. Stat. § 46:10B-8 — NJ Code / Title 46 / Chapter 10B / Section 10B-8
Increase in interest rate; limitation
Status: in_force

If any mortgage loan or written contract or commitment for such loan provides for an increase in the rate of interest during the term of such loan, or after the execution of a written contract or commitment for such a loan, the increased rate shall not exceed 6% per annum in the case of a loan or written contract or commitment made before the effective date of this act or such rate of interest as may be authorized by law at the time such loan or written contract or commitment for such loan is made in the case of a loan or written contract or commitment for such loan made on or after the effective date of this act. L.1968, c. 54, s. 8, eff. June 6, 1968.
N.J. Stat. § 46:38-14 — NJ Code / Title 46 / Chapter 38 / Section 38-14
Definitions
Status: in_force

As used in this act: (a) "Adult" means a person 21 years of age or more. (b) "Bank" means a bank, trust company, national banking association, savings bank or other banking institution, deposits in which are insured by the Federal Deposit Insurance Corporation or other like government instrumentality, or a State or Federal savings and loan association whose deposits or shares are insured by the Federal Savings and Loan Insurance Corporation or other like government instrumentality. (c) "Broker" means a person lawfully engaged in the business of effecting transactions in securities for the accounts of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as part of a regular business. (d) "Court" means the Superior Court. (e) "Custodial property" includes: (1) all securities, life insurance or endowment policies, annuity contracts, tangible personal property, interests in partnerships and limited partnerships and money under the supervision of the same custodian for the same minor as a consequence of a gift or gifts made to the minor under this act; (2) the income from the custodial property; and (3) the proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance or endowment policies, annuity contracts, tangible personal property, interests in partnerships and limited partnerships and income. (4) (Deleted by amendment.) (f) "Custodian" means a person so designated in accordance with this act. The term includes a successor custodian. (g) "Guardian" of a minor means a guardian of his estate or person. (h) "Issuer" means a person who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person. (i) A "legal representative" of a person means his executor, administrator or guardian of his person or estate. (j) A "member" of a "minor's family" means any of the minor's parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or through adoption. (k) "Minor" means a person under 21 years of age even though that person has attained or shall attain the age of majority under the laws of this State. (l) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payment out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in "registered form" when it specifies the person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer. (m) "Transfer agent" means a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities. (n) "Trust company" means a bank which is authorized to exercise trust powers. (o) A "life insurance or endowment policy or annuity contract" means a life insurance or endowment policy or annuity contract issued by an insurance company on the life of a minor to whom a gift of the policy or contract is made in the manner prescribed in this act or on the life of any other person. L. 1963, c. 177, s. 2. Amended by L.1981, c. 377, s. 1, eff. March 1, 1982; repealed R.S. 46:38A-57 (effective July 1, 2007).
N.J. Stat. § 46:30B-8 — NJ Code / Title 46 / Chapter 30B / Section 30B-8
When property payable or distributable
Status: in_force

46:30B-8. When property payable or distributable. Property is payable or distributable for the purpose of this chapter notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:30D-8 — NJ Code / Title 46 / Chapter 30D / Section 30D-8
Acquisition of good title by purchaser.
Status: in_force

8. a. A person who purchases or otherwise acquires property from a museum acquires good title to the property if the museum has acquired good title to the property in accordance with this act. b. No action shall be brought against a museum, or its officers, trustees, directors, employees, or agents, to recover property on loan to the museum after the museum has acquired good title in accordance with this act. c. If there are two or more claimants to property on loan to a museum, the burden shall be upon each claimant to prove title to or an interest in the property. A museum shall not be held liable for delivering property to an uncontested claimant who produces reasonable proof of title to or an interest in the property satisfactory to the museum. d. Unless there is evidence of bad faith or gross negligence, a museum shall not be prejudiced by reason of any failure to deal with a person who has title to or an interest in property on loan to the museum. e. If there is a dispute as to the title to or an interest in property on loan to a museum, a museum shall not be held liable for its refusal to deliver the property except in accordance with a court order or judgment. L.2011, c.109, s.8.
N.J. Stat. § 46:38A-29 — NJ Code / Title 46 / Chapter 38A / Section 38A-29
Custodial property to be kept separate and distinct
Status: in_force

A custodian shall, at all times, keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ............................. (name of minor) under the New Jersey Uniform Transfers to Minors Act." L. 1987, c. 18, s. 1.
N.J. Stat. § 46:8A-10 — NJ Code / Title 46 / Chapter 8A / Section 8A-10
Plans to be attached to master deed
Status: in_force

There shall be attached to the master deed, at the time it is filed for record, a full and exact copy of the plans of the building, which copy of plans shall be entered of record along with the master deed. Said plans shall show graphically all particulars of the building including, but not limited to, the dimensions, area and location of each apartment therein and the dimensions, area and location of common elements affording access to each apartment. Other common elements, both limited and general, shall be shown graphically insofar as possible and shall be described in detail in words and figures. Said plans shall be certified to by an engineer or architect authorized and licensed to practice his profession in this State. L.1963, c. 168, s. 10.
N.J. Stat. § 46:30B-91 — NJ Code / Title 46 / Chapter 30B / Section 30B-91
Examination of records by administrator; generally.
Status: in_force

46:30B-91. Examination of records by administrator; generally. The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with the provisions of this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter. The administrator may contract with any other person to conduct the examination on behalf of the administrator. L.1989, c.58, s.1; amended 2002, c.35, s.58.
N.J. Stat. § 46:3C-5 — NJ Code / Title 46 / Chapter 3C / Section 3C-5
Providing municipal clerk with lists of off-site conditions
Status: in_force

5. a. Every person who owns, leases, or maintains any off-site condition, as defined in paragraph (3), (4), (5), (6), or (8) of section 3 of P.L.1995, c.253 (C.46:3C-3), located in this State, shall provide the municipal clerk of each municipality in which those off-site conditions are located, a list in the form and manner specified by the Commissioner of Community Affairs, of the location of the off-site conditions within the boundaries of the municipality. The provisions of this subsection shall apply whether or not the person provides any service within a municipality in which an off-site condition exists. b. Every person subject to the provisions of subsection a. of this section shall submit the required lists within one year of the effective date of this act and shall update the lists, as necessary, as of August 31 of every year. The person providing the lists pursuant to this section shall also send to the municipal clerk of each municipality receiving the list a statement as follows: "This list identifies [insert type] off-site conditions owned, leased or maintained by [insert name and address of provider] as defined in the "New Residential Construction Off-Site Conditions Disclosure Act," P.L.1995, c.253 (C.46:3C-1 et seq.), which as of [date] have been identified as existing within [name of municipality]." L.1995,c.253,s.5.
N.J. Stat. § 46:30B-96.1 — NJ Code / Title 46 / Chapter 30B / Section 30B-96.1
Continuity of records
Status: in_force

46:30B-96.1. Continuity of records. Where a holder acquires unclaimed property from another holder, such as in a merger, acquisition, reorganization, consolidation, or transfer, that successor holder shall have a duty to maintain and continue the records of the prior holder concerning the unclaimed property, including but not limited to, the date of the last deposit or withdrawal in an account in a financial organization, of the issuance of unnegotiated dividend, interest, or other remittances, or the last communication between the owner and the prior holder or holders concerning the unclaimed property. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:8A-20 — NJ Code / Title 46 / Chapter 8A / Section 8A-20
Liens for labor or materials
Status: in_force

(a) Subsequent to recording the master deed as provided in this act, and while the property remains subject to this act, no lien shall arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each apartment and the percentage of undivided interest in the common elements appurtenant to such apartment, in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided that no labor performed or materials furnished with the consent or at the request of a co-owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant to article 10 of chapter 44 of Title 2A of the New Jersey Statutes against the apartment or any other property of any other co-owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs thereto. Labor performed or materials furnished for the common elements, if duly authorized by the council of co-owners, the administrator or board of administration or other administration specified by the by-laws, in accordance with this act, the master deed or by-laws, shall be deemed to be performed or furnished with the express consent of each co-owner and shall be the basis for the filing of a lien pursuant to article 10 of chapter 44 of Title 2A of the New Jersey Statutes against each of the apartments and shall be subject to the provisions of subparagraph (b) hereunder. (b) In the event a lien against 2 or more apartments becomes effective, the owners of the separate apartments may remove their apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment from the lien by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the percentages appearing in the master deed. Subsequent to any such payment, discharge or other satisfaction the apartment and the percentage of undivided interest in the common elements appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied or discharged. Such partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his rights against any apartment and the percentage of undivided interest in the common elements appurtenant thereto not so paid, satisfied or discharged. L.1963, c. 168, s. 20.
N.J. Stat. § 46:28-3 — NJ Code / Title 46 / Chapter 28 / Section 28-3
Exceptions to sections 46:28-1 and 46:28-2
Status: in_force

Neither section 46:28-1 nor section 46:28-2 of this title shall apply to any vessel, rolling stock of railroads, or to any chattels which, in the ordinary use thereof at the time of the execution of a mortgage thereof are, from time to time, taken out of the county wherein they were when so mortgaged.
N.J. Stat. § 46:30B-7.2 — NJ Code / Title 46 / Chapter 30B / Section 30B-7.2
Limitation on holder's power to impose charges.
Status: in_force

6. Limitation on holder's power to impose charges. A holder may not deduct from the amount due a person who has a legal or equitable interest in any property subject to chapter 30 B of Title 46 of the Revised Statutes any charges due to dormancy or inactivity, unless: there is an enforceable written contract between the holder and the owner of the property pursuant to which the holder may impose a charge; and the holder regularly imposes charges and does not regularly reverse or otherwise cancel those charges with respect to the property, the amount of any charges is not unconscionable, and no additional charges are imposed as a result of escheatment of the property. L.2002,c.35,s.6.
N.J. Stat. § 46:3B-19 — NJ Code / Title 46 / Chapter 3B / Section 3B-19
No payment for defect in new home warranted under alternative program
Status: in_force

10. Except as otherwise provided in this act, no payment shall be made from the new home warranty security fund established pursuant to section 7 of P.L.1977, c.467 (C.46:3B-7) for any defect in any new home warranted under an approved alternative new home warranty security program approved pursuant to section 8 of P.L.1977, c.467 (C.46:3B-8). The builder or other transferor of any new home warranted under an approved alternative new home warranty security program shall give written notice to the owner, and to any subsequent purchaser during the period in which the warranty is in effect, that the approved alternate new home warranty security program has exclusive responsibility for warranting the new home and that no claim may be brought against the new home warranty security fund for any cause other than defective FRT plywood roof sheathing. L.1991,s.202,s.10.
N.J. Stat. § 46:8-20 — NJ Code / Title 46 / Chapter 8 / Section 8-20
Procedure on conveyance of property
Status: in_force

2. Any person, whether the owner or lessee of the property leased, who or which has or hereafter shall have received from a tenant or licensee a sum of money as a deposit or advance of rental as security for the full performance by such tenant or licensee of the terms of his contract, lease or license agreement, or who or which has or shall have received the same from a former owner or lessee, shall, upon conveying such property or assigning his or its lease to another, or upon the conveyance of such property to another person by a court in an action to foreclose a mortgage thereon, at the time of the delivery of the deed or instrument of assignment, or within five days thereafter, or in the event of the insolvency or bankruptcy of the person receiving said deposit, within five days after the making and entry of an order of the court discharging the receiver or trustee, deal with the security deposit by turning over to his or its grantee or assignee, or to the purchaser at the foreclosure sale the sum so deposited, plus the tenant's portion of the interest or earnings accumulated thereon, and notify the tenant or licensee by registered or certified mail of such turning over and the name and address of such grantee, assignee or purchaser. Notwithstanding any other provision of law to the contrary, it shall be the duty and obligation of the grantee, assignee or purchaser to obtain from the grantor who is the owner or lessee at the time of the transfer, conveyance or purchase any and all security deposits, plus accrued interest on the deposits, that the owner or lessee received from a tenant, licensee or previous owner or lessee, and which deposits were invested, or should have been invested, in the manner required by section 1 of P.L. 1967, c. 265 (C.46:8-19). L.1967,c.265,s.2; amended 1971, c.223, s.2; 1979, c.28, s.2; 1985, c.42, s.2; 2003, c.188, s.2.
N.J. Stat. § 46:30B-33 — NJ Code / Title 46 / Chapter 30B / Section 30B-33
When period of abandonment ceases.
Status: in_force

46:30B-33. When period of abandonment ceases. The running of the three-year period of abandonment ceases immediately upon the occurrence of a communication referred to in R.S.46:30B-31. If any future dividend, distribution, or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period of abandonment commences and relates back to the time a subsequent dividend, distribution, or other sum became due and payable. L.1989, c.58, s.1; aended 2002, c.35, s.23.
N.J. Stat. § 46:18-13 — NJ Code / Title 46 / Chapter 18 / Section 18-13
Action to foreclose a mortgage.
Status: in_force

1. a. Only the established holder of a mortgage shall take action to foreclose a mortgage. b. A person, or entity, is the "established holder of a mortgage" if that person, or entity, is: (1) the record holder of the mortgage as established by the latest record of assignment or by the original mortgage recording in the records of the county clerk or the register of deeds and mortgages, as appropriate to the county in which the mortgaged property is located, or (2) found to be the holder of the mortgage in a civil action joining as defendants the record holder of the mortgage, the mortgagor, and any other person known to have an interest in the mortgage. c. The provisions of this section shall not abridge, impair, invalidate, or supersede any other rights, under law, of any person known to have an interest in a mortgage. L.2015, c.225, s.1.
N.J. Stat. § 46:27-2 — NJ Code / Title 46 / Chapter 27 / Section 27-2
Seals of surveyors general
Status: in_force

The seal for each of the surveyors general mentioned in section 46:27-1 of this title, devised by the governor and deposited with the respective surveyors general pursuant to section one of "An act to provide a more easy mode of proving surveys of land in this state, and for other purposes," passed February twenty-seventh, one thousand eight hundred and thirty-eight, shall continue to be the seals of such surveyors general, and shall be handed down to their successors in office; and the written descriptions of such seals, deposited and recorded in the office of the secretary of state pursuant to said section one of said act shall remain in the office of the secretary of state as public records of such office.
N.J. Stat. § 46:3B-7.2 — NJ Code / Title 46 / Chapter 3B / Section 3B-7.2
"New Home Warranty Security Fund Board of Trustees"
Status: in_force

2. a. There is hereby established in, but not of, the Department of Community Affairs the "New Home Warranty Security Fund Board of Trustees." The duties of the board shall include, but shall not be limited to, monitoring, reporting and making recommendations to the commissioner on the financial soundness, premium structure, reinsurance adequacy and administrative efficiency of the new home warranty security fund and, when appropriate, the distribution of surplus reserves to the owners of enrolled homes. The board shall not make any determination regarding the payment of specific claims by the commissioner pursuant to section 7 of P.L.1977, c.467 (C.46:3B-7). b. The board shall consist of five trustees to be appointed by the commissioner. One trustee shall represent the home buying public; one shall represent the New Jersey Builders Association; one shall be a certified public accountant licensed to practice in New Jersey; one shall be an attorney-at-law who is a member in good standing of the New Jersey bar; and one shall be a representative of the insurance industry. c. Each trustee shall be appointed for a four-year term; however, among the trustees first appointed, one shall be appointed for a term of one year, two shall be appointed for a term of two years, one shall be appointed for a term of three years and one shall be appointed for a term of four years. The trustees shall annually select a chairperson from among themselves. The commissioner may reappoint a trustee. The commissioner may remove a trustee for cause. d. Trustees shall serve without compensation, but may be reimbursed for expenses incurred in the performance of their duties. L.2001,c.147,s.2.
N.J. Stat. § 46:30B-27 — NJ Code / Title 46 / Chapter 30B / Section 30B-27
Duty imposed upon company to pay proceeds of insurance or annuity to beneficiary
Status: in_force

46:30B-27. Duty imposed upon company to pay proceeds of insurance or annuity to beneficiary. Notwithstanding any other provision of law, if the company learns of the death of the insured or annuitant and the beneficiary has not communicated with the insurer within four months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:30B-7.1 — NJ Code / Title 46 / Chapter 30B / Section 30B-7.1
Communication between holder and apparent owner.
Status: in_force

46:30B-7.1. Communication between holder and apparent owner. Property shall not be presumed abandoned if within the period that the property remains unclaimed the apparent owner communicated in writing or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning property or the account in which the property is held, or has otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner. An indication of an owner's interest in property includes: the presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received; owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease, or change the amount or type of property held in the account; or the payment of a premium with respect to a property interest in an insurance policy. The application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions. L.1989, c.58, s.1; amended 2002, c.35, s.5.
N.J. Stat. § 46:38A-3 — NJ Code / Title 46 / Chapter 38A / Section 38A-3
Scope of chapter
Status: in_force

This chapter applies to a transfer referred to in this chapter in a designation under R.S. 46:38A-19 by which the transfer is made if at the time of the transfer, the transferor, the minor, the custodian is a resident of this State or the custodial property is located in this State. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, the custodian or the removal of custodial property from this State. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:38A-30 — NJ Code / Title 46 / Chapter 38A / Section 38A-30
Records to be kept by custodian
Status: in_force

A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:30B-81 — NJ Code / Title 46 / Chapter 30B / Section 30B-81
Grounds for recovery of property by another state.
Status: in_force

46:30B-81. Grounds for recovery of property by another state. After property has been paid or delivered to the administrator under this chapter another state may recover the property if: a. The property was paid or delivered to the custody of this State because the records of the holder did not reflect a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state; b. The property was paid or delivered to the custody of this State because the laws of the other state did not provide for the escheat or custodial taking of the property and under the laws of that state subsequently enacted the property has escheated to or become subject to a claim of abandonment by that state; c. The records of the holder were erroneous in that they did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state; d. The property was subjected to custody by this State under R.S.46:30B-1 et seq. and under the laws of the state of domicile of the holder of the property has escheated or become subject to a claim of abandonment by that state; or e. The property is the sum payable on a travelers check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under R.S.46:30B-14, and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state. L.1989, c.58, s.1; amended 2002, c.35, s.54.
N.J. Stat. § 46:30B-47.1 — NJ Code / Title 46 / Chapter 30B / Section 30B-47.1
Contents of report: Superior Court Clerk and surrogate
Status: in_force

46:30B-47.1. Contents of report: Superior Court Clerk and surrogate. The report of the Clerk of the Superior Court or a surrogate shall set forth the following information instead of that required by R.S.46:30B-47: a. The name of the case in which the deposit was made; b. The court's docket or identifying number for the case; c. The date the deposit was made; d. The unpaid balance of the original sum deposited; e. The interest or income earned while on deposit; f. The total amount payable to the State Treasurer. Source: N.J.S.2A:15-78; section 4 of P.L.1948, c.456 (C.40:26A-4). L.1989, c.58, s.1.
N.J. Stat. § 46:8B-7 — NJ Code / Title 46 / Chapter 8B / Section 8B-7
Invalidity of contrary agreements
Status: in_force

Any agreement contrary to the provisions of this act shall be void. L.1969, c. 257, s. 7, eff. Jan. 7, 1970.
N.J. Stat. § 46:30B-28 — NJ Code / Title 46 / Chapter 30B / Section 30B-28
Information to be requested in change of beneficiary form
Status: in_force

46:30B-28. Information to be requested in change of beneficiary form. Commencing two years after the effective date of this chapter, every change of beneficiary form issued by an insurance company under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this State shall request the following information: a. The name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the class; b. The address of each beneficiary; and c. The relationship of each beneficiary to the insured. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:8A-6 — NJ Code / Title 46 / Chapter 8A / Section 8A-6
Ownership of apartments; of common elements; value
Status: in_force

In each regime an apartment owner shall have the exclusive ownership of his apartment and shall have a proportionate undivided interest in the general common elements, equivalent to the percentage of the aggregate value of all the apartments represented by the value of his own apartment. Where limited common elements have been reserved for the use of his apartment, his proportionate undivided interest therein shall be equivalent to the percentage of the aggregate value of all apartments entitled to the use of said limited common elements represented by the value of his own apartment. For the sole purpose of establishing said percentages, the value of each apartment and the aggregate value of all the apartments in the regime shall be fixed by the owner or coowners of the property making up the regime, and shall be computed on the basis of the fair market value of said apartments at the time when the regime is established; provided, however, that nothing herein contained shall prevent the owner of each apartment from attributing a different circumstantial value to his apartment in all types of acts and contracts. Said percentages shall have a permanent character, and shall not be altered without the acquiescence of the coowners of all the apartments in the regime. L.1963, c. 168, s. 6. Amended by L.1978, c. 124, s. 4, eff. Oct. 5, 1978.
N.J. Stat. § 46:30B-58 — NJ Code / Title 46 / Chapter 30B / Section 30B-58
Establishment by owner of right to property before payment or delivery; erroneous presumption of abandonment
Status: in_force

46:30B-58. Establishment by owner of right to property before payment or delivery; erroneous presumption of abandonment. If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the administrator, and the property will no longer be presumed abandoned. In that case, the holder shall file with the administrator a verified written explanation of the proof of claim or of the error in the presumption of abandonment, except that a fiduciary holding property initially thought to be payable to unknown heirs of an intestate decedent and presumed abandoned under R.S.46:30B-37.1 shall not be required to file such verified written explanation. L.1989, c.58, s.1; amended 1995,c.152,s.3.
N.J. Stat. § 46:10B-55 — NJ Code / Title 46 / Chapter 10B / Section 10B-55
Requirements for licensure of foreclosure consultant.
Status: in_force

3. a. A foreclosure consultant shall not conduct any business in this State until the foreclosure consultant: (1) (a) Obtains a license from the Commissioner of Banking and Insurance by filing an application form to be prescribed by the commissioner by regulation. As to licensure by a business entity, the application shall be accompanied by documentation establishing the business entity, including incorporation documents, if the entity is incorporated. (b) The application shall be accompanied by a reasonable fee, as established by the commissioner by regulation. (c) A person required to be licensed under this act shall file an amendment to their application within 20 days after any change in the information required to be included in the application. (d) Licenses issued pursuant to this section shall expire biennially and may be renewed upon submission of a renewal application to the department; (2) obtains a bond from a surety company authorized to do business in the State in a form and an amount to be prescribed by the commissioner by regulation, files the bond with the commissioner, and obtains written approval of the bond from the commissioner; (3) submits to the commissioner the name, address, fingerprints and written consent for a criminal history record background check to be performed on any officer, director, partner or owner of a controlling interest, or any employee engaged in mortgage foreclosure consulting activities, of the foreclosure consultant. The commissioner is authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. This information shall be collected for the purposes of facilitating determinations concerning licensure eligibility for the foreclosure consultant, based upon any findings related to an employee engaged in mortgage foreclosure consultant activities, officer, director, partner or owner. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the commissioner in the event an employee engaged in mortgage foreclosure consultant activities, officer, director, partner or owner of the foreclosure consultant, who was the subject of a criminal history record background check pursuant to this section, is arrested for a crime or offense in this State after the date the background check was performed, whether the foreclosure consultant is a prospective new applicant, or subsequently, a current licensee; and (4) provides the name and street address of an agent in the State of New Jersey for service of process. b. The commissioner may refuse to issue or renew, and may revoke, any license: (1) for failure to comply with, or violation of, the provisions of this act or for any other good cause shown within the meaning and purpose of this act. A refusal or revocation shall not be made except upon reasonable notice to, and opportunity to be heard by, the applicant or licensee; or (2) upon proof that the applicant or licensee has been convicted of any crime of moral turpitude or any crime relating adversely to the activity regulated by this act. For purposes of this subsection, a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction. c. A person who is licensed as a foreclosure consultant pursuant to this act shall not be subject to the provisions of P.L.1979, c.16 (C.17:16G-1 et seq.) while acting under the authority of this act. d. A person shall not present himself to the public as a licensed foreclosure consultant or use the designation "foreclosure consultant," "foreclosure consultant specialist," or similar designation without obtaining a license pursuant to this act. L.2011, c.146, s.3.
N.J. Stat. § 46:3B-11 — NJ Code / Title 46 / Chapter 3B / Section 3B-11
Supersedure of municipal ordinance or regulation
Status: in_force

This act shall supersede any municipal ordinance or regulation which provides for the licensing or registration of builders or for the protection by bonds or warranties required to be supplied by builders, exclusive of those required by water, sewer, utilities, or land use requirements. L.1977, c. 467, s. 11.
N.J. Stat. § 46:8-9.4 — NJ Code / Title 46 / Chapter 8 / Section 8-9.4
Short title.
Status: in_force

1. Sections 1 through 8 and 10 of P.L.2008, c.111 (C.46:8-9.4 et seq.) shall be known and may be cited as the "New Jersey Safe Housing Act." L.2008, c.111, s.1.
N.J. Stat. § 46:8C-15 — NJ Code / Title 46 / Chapter 8C / Section 8C-15
Formation of association
Status: in_force

6. a. In order to exercise the rights provided in sections 2 and 3 of this act, the owners of homes in a private residential leasehold community shall form an association in compliance with this section and sections 7 and 8 of this act. Such an association shall be organized as a corporation or association either for profit or not for profit, upon the consent, in writing, of two-thirds of the owners of homes in the community to become members or shareholders therein. For the purposes of this act, whenever the consent of homeowners is required on any question, there shall be counted only one vote for each dwelling unit. Upon consent by two-thirds of the homeowners, all consenting homeowners shall become members of the association and shall be bound by the provisions of the articles of incorporation, the bylaws of the association, and such restrictions as may be properly promulgated pursuant thereto. Upon incorporation and service of the notice described in section 7 of this act, the association shall become the representative of the homeowners in all matters relating to the provisions of this act. b. If at the time when a landowner determines to offer private residential leasehold community land for sale, or receives a bona fide offer from a prospective purchaser, there is no homeowners' association then in being in the private residential leasehold community, the landowner shall, at least 15 days before proceeding to make such offer of sale, or within 10 business days of receiving such a bona fide offer, as the case may be, notify in writing each owner of a home within the private residential leasehold community that he intends doing so. If, after receipt of such individual notices and within the period fixed by subsection b. of section 2 of this act for execution of a contract, a homeowners' association is formed pursuant to this act, the association so formed shall exercise and perform all the rights, duties and functions provided in this act on and from the day on which notification is made to the private residential leasehold community landowner pursuant to section 7 of this act. L.1991,c.483,s.6; amended 1995,c.365,s.6.
N.J. Stat. § 46:28-1 — NJ Code / Title 46 / Chapter 28 / Section 28-1
Right of mortgagee to possession and recovery of possession
Status: in_force

Every chattel mortgage shall vest in the mortgagee or owner thereof the right to the possession of the chattels therein described, so far as the same may be necessary for the purpose of preventing the removal thereof out of the county wherein they were at the time of the execution or delivery of such mortgage, and of recovering such chattels in case the same shall have been removed out of such county.
N.J. Stat. § 46:8A-7 — NJ Code / Title 46 / Chapter 8A / Section 8A-7
Indivisibility of common elements
Status: in_force

The common elements, both general and limited, shall remain undivided and shall not be the object of an action for partition or division of the co-ownership. Any covenant to the contrary shall be void. L.1963, c. 168, s. 7.
N.J. Stat. § 46:10B-32 — NJ Code / Title 46 / Chapter 10B / Section 10B-32
Program of consumer counseling, awareness.
Status: in_force

11. The Director of the Division of Banking in the Department of Banking and Insurance, in consultation with the Director of the Division of Consumer Affairs and the Division of Civil Rights in the Department of Law and Public Safety, shall develop and implement a program of consumer counseling and awareness designed to inform the public about the methods by which predatory creditors impose unconscionable and noncompetitive fees and charges as part of complex home mortgage transactions, to protect the public from incurring those fees and charges, and otherwise to encourage the informed and responsible use of credit.
L.2003,c.64,s.11.
N.J. Stat. § 46:3C-11 — NJ Code / Title 46 / Chapter 3C / Section 3C-11
Seller not required to contribute to list
Status: in_force

11. No seller, unless otherwise required by section 5, as a condition of completeness or approval pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), or any other law, rule or regulation adopted pursuant thereto, shall be required to compile or to contribute to the compilation of, in whole or in part, the lists of off-site conditions required to be made available by municipal clerks pursuant to this act. L.1995,c.253,s.11.
N.J. Stat. § 46:8-43 — NJ Code / Title 46 / Chapter 8 / Section 8-43
Short title
Status: in_force

This act shall be known and may be cited as "The Truth-in-Renting Act." L.1975, c. 310, s. 1.
N.J. Stat. § 46:9-7 — NJ Code / Title 46 / Chapter 9 / Section 9-7
Covenant as to declaration of no offset
Status: in_force

A covenant in any mortgage in the words, "That the mortgagor within (number to be inserted) days, upon written request of the holder thereof, will furnish at the expense of said holder a statement of the amount due on this mortgage" , shall be construed to have the same force and effect as the following words: "The mortgagor and any subsequent owner of the premises herein, upon written request served personally by the holder hereof, shall at the latter's expense certify to such person as the holder may designate, by writing duly acknowledged, the amount of principal and interest then owing on this mortgage, and whether any offsets or defenses exist against the mortgage debt; upon failure to furnish such certificate after the expiration of (number inserted) days, this mortgage shall, at the option of the holder hereof, become due and payable, anything herein contained to the contrary in anywise notwithstanding, provided said notice shall include a copy of this provision of this section."
N.J. Stat. § 46:8B-8 — NJ Code / Title 46 / Chapter 8B / Section 8B-8
Creation, establishment of condominium.
Status: in_force

8. A condominium may be created and established by recording in the office of the county recording officer of the county wherein the land is located a master deed executed and acknowledged by all owners or the lessees setting forth the matters required by section 9 of P.L.1969, c.257 (C.46:8B-9) and section 3 of P.L.1960, c.141 (C.46:23-9.11). The provisions of the "Condominium Act," P.L.1969, c.257 (C.46:8B-1 et seq.) shall apply solely to real property of interests therein which have been subjected to the terms of P.L.1969, c.257 as provided in this section. L.1969,c.257,s.8; amended 1973, c.216, s.2; 1997, c.211, s.3.
N.J. Stat. § 46:8A-16 — NJ Code / Title 46 / Chapter 8A / Section 8A-16
Books of receipts and expenditures; availability for examination
Status: in_force

The administrator, or the board of administration, or other form of administration specified in the bylaws, shall keep books with a detailed account, in chronological order, of the receipts and expenditures affecting the property and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred. Said books and the vouchers accrediting the entries made thereupon shall be available for examination by all the coowners at convenient hours on working days that shall be set and announced for general knowledge. L.1963, c. 168, s. 16. Amended by L.1978, c. 124, s. 7, eff. Oct. 5, 1978.
N.J. Stat. § 46:10B-1 — NJ Code / Title 46 / Chapter 10B / Section 10B-1
Definitions
Status: in_force

As used in this act: (a) "Mortgage loan" means a loan secured by an interest in real property consisting of land upon which is erected or to be erected, in whole or in part with the proceeds of such loan, a structure containing one, two, three, four, five or six dwelling units, a portion of which structure may be used for nonresidential purposes and upon which interest is taken or contracted for at a rate in excess of $6.00 for the forbearance of $100.00 for a year; (b) "Mortgagor" includes any person other than a corporation liable for the payment of a mortgage loan, and the owner of the real property which secures the payment of a mortgage loan; (c) "Prepayment" of a mortgage loan means the payment in full of the balance owing on a mortgage loan at any time prior to the time limited for the final payment of such loan in an instrument evidencing such loan. L.1968, c. 54, s. 1, eff. June 6, 1968. Amended by L.1979, c. 85, s. 2, eff. May 10, 1979.
N.J. Stat. § 46:8A-4 — NJ Code / Title 46 / Chapter 8A / Section 8A-4
Status of apartments within horizontal property regime
Status: in_force

Once the property is submitted to the horizontal property regime, an apartment in the regime may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts inter vivos or mortis causa, as if it were sole and entirely independent of the other apartments in the regime of which it forms a part, and the corresponding individual titles and interests shall be recordable. L.1963, c. 168, s. 4. Amended by L.1978, c. 124, s. 3, eff. Oct. 5, 1978.
N.J. Stat. § 46:9-3 — NJ Code / Title 46 / Chapter 9 / Section 9-3
Covenant as to taxes paid
Status: in_force

A covenant by the mortgagor in a mortgage, "That no owner of the mortgaged property shall be entitled to any credit by reason of the payment of any tax thereon" shall be construed to mean that the mortgagor, for himself, his heirs, executors, administrators, successors and assigns, covenants with the holder of the mortgage that he and they will not, by reason of the payment of any tax, assessment or other municipal charge or imposition, claim any credit on account of the principal or interest due or to grow due on said mortgage or the bond or obligation intended to be secured thereby, and that should said mortgagor, his heirs, executors, administrators, successors or assigns, fail to pay any tax, assessment or other governmental charge, then and in that event the holder of the mortgage may at his option pay such tax, assessment or other governmental charge and the amount when so paid shall be added to and become part of the principal sum then due upon the bond or obligation referred to in said mortgage, and be secured by said mortgage and shall be payable on demand with legal interest.
N.J. Stat. § 46:30B-49 — NJ Code / Title 46 / Chapter 30B / Section 30B-49
Time to file report; postponement.
Status: in_force

46:30B-49. Time to file report; postponement. The report shall be filed before November 1 of each year as of the preceding June 30, but the report of any life insurance company shall be filed before May 1 of each year as of the preceding December 31. Before the date for filing the report, the holder of property presumed abandoned may request of the administrator an extension of the time for filing the report. The administrator may grant the extension for good cause. The holder, upon receipt of the extension, shall make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of additional interest on the estimated amount paid. L.1989, c.58, s.1; amended 2002, c.35, s.39.
N.J. Stat. § 46:30B-37 — NJ Code / Title 46 / Chapter 30B / Section 30B-37
Presumption of abandonment.
Status: in_force

46:30B-37. Presumption of abandonment. Property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within three years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a contemporaneous memorandum or other record on file prepared by the fiduciary. L.1989, c.58, s.1; amended 2002, c.35, s.26.
N.J. Stat. § 46:24-3 — NJ Code / Title 46 / Chapter 24 / Section 24-3
Access to public records and papers
Status: in_force

The commissioners appointed under section 46:24-1 of this title shall, in the performance of their duties, have free access to all public records and papers in this state, and be permitted to examine and copy the same free of charge.
N.J. Stat. § 46:28-14 — NJ Code / Title 46 / Chapter 28 / Section 28-14
Mortgages of personalty included in mortgage of real estate by railroads or public utilities
Status: in_force

46:28-14. The provisions of the Uniform Commercial Code, Secured Transactions, N.J.S.12A:9-101 et seq., shall not be taken, construed or held to apply to any mortgage of personal property included in a mortgage of franchises and real estate heretofore or hereafter made by any railroad company or any other corporation defined by any law of this State as a public utility, and which has been or shall be recorded or registered as a mortgage of real estate in every county in which such railroad or public utility, or any part of it, or in which any of the real estate so mortgaged by it, is or shall be located, and any such mortgage so recorded shall be valid against the creditors of the mortgagor, and against subsequent purchasers and mortgagees until the same shall be released or shall be canceled of record in the manner prescribed by law for the release and cancellation of mortgages of real estate. Amended 1961, c.121, s.11; 1963, c.190, s.2; 2001, c.117, s.26.
N.J. Stat. § 46:8-28.5 — NJ Code / Title 46 / Chapter 8 / Section 8-28.5
Certificate of registration, fee; exceptions.
Status: in_force

2. a. Except as otherwise provided in subsection b. of this section, every owner of a tenant-occupied single-family or two-family residential property, including, without limitation, a two-family property in which one unit is owner-occupied, shall file a certificate of registration on forms prescribed by the Commissioner of Community Affairs, in accordance with section 2 of P.L.1974, c.50 (C.46:8-28), with the Bureau of Housing Inspection in the Department of Community Affairs. Any such filing shall be accompanied by a filing fee not exceeding the filing for hotels and multiple dwellings established by section 12 of P.L.1967, c.76 (C.55:13A-12). b. Subsection a. of this section shall not apply to any owner-occupied two-family residential property that: (1) has been certified to be free of lead-based paint; (2) was constructed during or after 1978; (3) is a seasonal rental unit which is rented for less than six months' duration each year; or (4) has been certified as having a lead-free interior by a certified inspector. c. Any owner who fails to comply with an order of the commissioner to register any property subject to this section shall be liable for a penalty of $200 for each registration ordered by the commissioner. The commissioner may issue a certificate to the clerk of the Superior Court that an owner is indebted to the department for the payment of such penalty and thereupon the clerk shall enter upon the record of docketed judgments the name of the owner, and of the State, a designation of the statute under which the penalty is imposed, the amount of the penalty so certified, and the date of such certification. The making of the entry shall have the same force and effect as the entry of a docketed judgment in the office of such clerk. L.2007, c.251, s.2.
N.J. Stat. § 46:4-2 — NJ Code / Title 46 / Chapter 4 / Section 4-2
"The said covenants" construed
Status: in_force

When a deed uses the words "the said covenants" , such covenant shall have the same effect as if it was expressed to be by the covenantor, for himself, his heirs, personal representatives and assigns, and shall be deemed to be with the covenantee, his heirs, personal representatives and assigns.
N.J. Stat. § 46:31-1 — NJ Code / Title 46 / Chapter 31 / Section 31-1
Sale or exchange of goods from other states prohibited; persons violating disorderly persons; punishment
Status: in_force

No goods, wares or merchandise manufactured, mined or produced, wholly or in part outside this state, by convicts or prisoners, except convicts or prisoners on parole or probation, shall be sold on the open market in this state, or be sold to or exchanged with any institution of this state or with any of its political divisions or subdivisions. Any person, firm or corporation, or officer or agent thereof, violating the provisions of this section shall be deemed and adjudged a disorderly person and upon conviction thereof shall be punishable by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment of not less than thirty nor more than ninety days, or by both such fine and imprisonment.
N.J. Stat. § 46:30B-44 — NJ Code / Title 46 / Chapter 30B / Section 30B-44
Presumption of abandonment
Status: in_force

46:30B-44. Presumption of abandonment. Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder's business which remain unclaimed by the owner for more than one year after becoming payable are presumed abandoned. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:38A-48 — NJ Code / Title 46 / Chapter 38A / Section 38A-48
Accounting by and determination of liability of custodian
Status: in_force

A minor who has attained the age of 14 years, the guardian of the estate or person of the minor or legal representative of the minor, an adult member of the minor's family, a transferor, or a transferor's legal representative may apply to the court for: a. An accounting by the custodian or the custodian's legal representative; or b. A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under R.S. 46:38A-39 through R.S. 46:38A-41 to which the minor or the minor's legal representative was a party. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:8-9.3 — NJ Code / Title 46 / Chapter 8 / Section 8-9.3
Rules, regulations
Status: in_force

The Director of the Division of Housing in the Department of Community Affairs shall, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), promulgate rules and regulations necessary to effectuate the purposes of this act. L. 1985, c. 317, s. 6, eff. Aug. 28, 1985.
N.J. Stat. § 46:34-3 — NJ Code / Title 46 / Chapter 34 / Section 34-3
Actions for recovery of money, property or chose in action
Status: in_force

No action shall be brought or maintained by any customer or broker for the recovery of any money, property or chose in action of any kind or character which shall have been paid, deposited, delivered or advanced as collateral or otherwise or for any debt incurred pursuant to or in compliance with any contract or agreement which is declared by this chapter to be void, but nothing herein contained shall prevent any customer who is a party to a contract of the kind mentioned and described in section 46:34-2 of this title from bringing and maintaining an action for the recovery of any money, property or chose in action delivered or deposited under such contract in case the broker, party to such contract, shall not actually purchase or sell in accordance with the provisions of the contract the securities, choses in action or commodities as directed by the customer and for his account and risk.
N.J. Stat. § 46:30D-6 — NJ Code / Title 46 / Chapter 30D / Section 30D-6
Notice by publication of intent.
Status: in_force

6. a. If a museum intends to terminate a loan of property and has been unable to give notice in accordance with section 5 of this act, the museum shall give notice by publication of intent to terminate a loan of property. Publication shall be by means of a notice placed at least twice, 60 or more days apart, in a newspaper of general circulation in the county or municipality in which the museum is located and in which the last known address of the lender, if known, is located. b. A published notice of intent to terminate a loan shall include, in addition to the information required in sections 4 and 5 of this act, a request that any person who has knowledge of the lender or potential claimant and where the lender or potential claimant may be located should provide written notice to the museum. If such a written notice is received by the museum, the museum shall provide the notice to the lender or potential claimant required pursuant to section 5 of this act. c. In addition to the method of notice designated in subsection a. of this section, a museum may, whenever practicable, use an emerging technology to publish such a notice in order to reach as broad a circulation as possible. L.2011, c.109, s.6.
N.J. Stat. § 46:3B-5 — NJ Code / Title 46 / Chapter 3B / Section 3B-5
Certificate of registration; application; fee; issuance; duration; conditions
Status: in_force

No builder shall engage in the business of constructing new homes unless he is registered with the department. The department shall provide application forms for such registration and shall prescribe the information to be included therein. Each application shall be accompanied by a reasonable fee, prescribed by the commissioner, and proof, satisfactory to the commissioner, of participation in the new home warranty security fund or an approved alternate new home warranty security program. Upon receipt of the above, the department shall issue a certificate of registration. Each certificate of registration shall be valid for a period of 2 years from the date of issue and may be renewed for additional 2-year periods. As a condition for the registration, a builder shall be required to participate in the new home warranty security fund or an approved alternate new home warranty security program. No corporation, partnership or other business organization shall be entitled to registration hereunder, nor shall they engage in the construction of new homes unless a stockholder, director, officer, partner, or employee thereof, as the case may be, shall be a registered builder. L.1977, c. 467, s. 5.
N.J. Stat. § 46:10B-47 — NJ Code / Title 46 / Chapter 10B / Section 10B-47
Regulations.
Status: in_force

12. The Attorney General, in consultation with the Department of Banking and Insurance shall adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act. L.2008, c.86, s.12.
N.J. Stat. § 46:38A-10 — NJ Code / Title 46 / Chapter 38A / Section 38A-10
Transfer under will or trust; transfer to be made to nominated custodian
Status: in_force

If the testator or the settlor of a trust has nominated a custodian under R.S. 46:38A-6 to receive the custodial property, the transfer shall be made to that person. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:15-7.4 — NJ Code / Title 46 / Chapter 15 / Section 15-7.4
Refunding of fee on certain property transfers.
Status: in_force

2. Notwithstanding the provisions of section 8 of P.L.2004, c.66 (C.46:15-7.2), for the transfer of real property that was made for consideration in excess of $1,000,000, provided that the deed was recorded on or before November 15, 2025, and that was transferred pursuant to a contract that was fully executed before July 10, 2025, any fee in excess of one percent of consideration imposed pursuant to section 8 of P.L.2004, c.66 (C.46:15-7.2) shall have the difference between the amount in excess of one percent of consideration and one percent of consideration refunded to the grantor by the filing, within one year following the date of the recording of the deed, of a claim with the New Jersey Division of Taxation for a refund of the fee paid. Proof of claim for refund shall be made by the submission of such documentation as the Director of the Division of Taxation may require. L.2006,c.33,s.2; amended 2025, c.69, s.2.
N.J. Stat. § 46:2B-8.6 — NJ Code / Title 46 / Chapter 2B / Section 2B-8.6
Good faith reliance.
Status: in_force

6. Good Faith Reliance. a. Any third party may rely upon the authority granted in a durable power of attorney until the third party has received actual notice of the revocation of the power of attorney, the termination or suspension of the authority of the attorney-in-fact, or the death of the principal. b. A third party who has not received such actual notice under paragraph a. of this section may, but need not, require that the attorney-in-fact execute an affidavit stating that the attorney-in-fact did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation, the termination or suspension of the authority of the attorney-in-fact, or the principal's death, disability, or incapacity. Such affidavit is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity. L.2000,c.109,s.6.
N.J. Stat. § 46:30B-52 — NJ Code / Title 46 / Chapter 30B / Section 30B-52
Form and contents of notice to be published.
Status: in_force

46:30B-52. Form and contents of notice to be published. The published notice shall contain: a. The names in alphabetical order and last known addresses, if any, of persons listed in the report and entitled to notice within the county as specified in R.S.46:30B-51; b. A statement that information concerning the unclaimed property may be obtained by any person having legal or beneficial interest in that property by making a written inquiry to the administrator; and c. A statement explaining that property of the owner is presumed to be abandoned and has been taken into the protective custody of the administrator. L.1989, c.58, s.1; amended 2002, c.35, s.42.
N.J. Stat. § 46:30B-14 — NJ Code / Title 46 / Chapter 30B / Section 30B-14
Conditions subjecting property to custody of State.
Status: in_force

46:30B-14. Conditions subjecting property to custody of State. A sum payable on a travelers check, money order, or similar written instrument, described in R.S.46:30B-11 and R.S.46:30B-12 may not be subjected to the custody of this State as unclaimed property unless: a. The records of the issuer show that the travelers check, money order, or similar written instrument was purchased in this State; b. The issuer has its principal place of business in this State and the records of the issuer do not show the state in which the travelers check, money order, or similar written instrument was purchased; or c. The issuer has its principal place of business in this State, the records of the issuer show the state in which the travelers check, money order, or similar written instrument was purchased and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property. L.1989, c.58, s.1; amended 2002, c.35, s.68.
N.J. Stat. § 46:7-4 — NJ Code / Title 46 / Chapter 7 / Section 7-4
Perfecting title to real estate conveyed to church prior to completion of organization thereof
Status: in_force

If the trustees of any intended church organization, which has not been perfected according to law, shall have taken title to real estate in their own names, or in their own names as trustees of such intended organization, and such intended organization has afterwards perfected its organization according to law, by the same or any other name, such trustees, or the survivors or survivor of them, may and shall convey, by good and sufficient deed or deeds in the law, all their right, title and interest in such real estate to the trustees of such perfected organization, whether the same shall have been perfected prior to March twenty-fifth, one thousand eight hundred and eighty-one, or thereafter by the same name or by any other name than the one originally intended; and, when such real estate shall have been so conveyed, such perfected organization shall have the same as fully and completely as though such organization had been originally perfected according to law.
N.J. Stat. § 46:30B-79.1 — NJ Code / Title 46 / Chapter 30B / Section 30B-79.1
Certain claims treated as refund of tax for satisfying debt.
Status: in_force

1. If a person is allowed a claim for unclaimed property filed pursuant to R.S.46:30B-77, the Administrator shall treat the payment as a refund of tax for the limited purpose of satisfying debt, if any, through the Setoff of Individual Liability program established pursuant to section 1 of P.L.1981, c.239 (C.54A:9-8.1). L.2017, c.159, s.1.
N.J. Stat. § 46:38-19 — NJ Code / Title 46 / Chapter 38 / Section 38-19
Successor custodians; designation
Status: in_force

A donor may, at the time of making a custodial gift, designate one or more eligible persons as successor custodians to act as such upon the renunciation, death, resignation or removal of the first custodian or of the preceding successor custodian, by a statement of designation in substantially the following language: "DESIGNATION OF SUCCESSOR CUSTODIAN I, ..........................., (name of donor) having this day made a custodial gift under the New Jersey Uniform Gifts to Minors Act to ............................. (name of minor) consisting of ........................... (description of securities, if any, and identification of credits created pursuant to section 3(c) of this act) and having designated .................................... (name of first custodian) custodian for said ................................., (name of minor) hereby designate .............. (name of successor custodian) successor custodian for said ......................., (name of minor) to succeed to the duties of custodian upon the renunciation, death, resignation or removal of said ............................. (name of first custodian) Dated: ........................... ........................ (signature of donor)" If more than one successor custodian be named the statement of description shall be altered appropriately. Executed counterparts of the statement of designation shall be delivered promptly upon execution to the custodian and to each successor custodian, to each broker or bank with whom the donor creates a credit under section 3(c) of this act, and to the minor if he is then 14 years of age or more. L. 1963, c. 177, s. 7. Amended by L.1981, c. 377, s. 5, eff. March 1, 1982; repealed R.S. 46:38A-57 (effective July 1, 2007).
N.J. Stat. § 46:8A-3.1 — NJ Code / Title 46 / Chapter 8A / Section 8A-3.1
Organization of two or more regimes as nonprofit corporation; application of act
Status: in_force

Where the coowners of the apartments in two or more regimes, which together constitute a single community, are organized into a single entity, such as, but not limited to, a corporation formed under Title 15 of the Revised Statutes of the State of New Jersey, the provisions of this act shall apply to such an entity with the same force and effect as they would if such an entity were in fact a single regime. L.1978, c. 124, s. 11, eff. Oct. 5, 1978.
N.J. Stat. § 46:38A-21 — NJ Code / Title 46 / Chapter 38A / Section 38A-21
Control of custodial property
Status: in_force

A transferor shall place the custodian in control of the custodial property as soon as practical. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:8A-5 — NJ Code / Title 46 / Chapter 8A / Section 8A-5
Joint tenancies; tenancies in common; tenancies by the entirety
Status: in_force

Any apartment may be held and owned by more than one person as joint tenants, as tenants in common, as tenants by the entirety or in any other real estate tenancy relationship recognized under the laws of this State. L.1963, c. 168, s. 5.
N.J. Stat. § 46:7-9 — NJ Code / Title 46 / Chapter 7 / Section 7-9
Incorporation, powers, etc., of land improvement companies
Status: in_force

Rev.1877, pp. 567 to 569, s.s. 1 to 16 (C.S. pp. 3053 to 3056, s.s. 1 to 16), being an act entitled "An act to encourage the improvement of real property in this state" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four, together with the supplements thereto, approved April ninth, one thousand eight hundred and seventy-five (Rev.1877, p. 569, s. 17; C.S. p. 3056, s. 17), April thirteenth, one thousand eight hundred and seventy-six (Rev.1877, p. 1350, s. 1; C.S. p. 3055, s. 12a), February tenth, one thousand eight hundred and eighty (L.1880, c. 14, p. 25; C.S. p. 3056, s. 18); and Rev.1877, pp. 1350, 1351, s.s. 2, 3 (C.S. p. 3056, s.s. 19, 20), being an act entitled "An act to encourage land improvement companies organized under special laws of this state," approved March ninth, one thousand eight hundred and seventy-seven; and L.1880, c. 126, p. 167 (C.S. p. 3057, s. 21), entitled "An act to enable the corporators of land companies that have not organized under their charters to change the titles of said companies," approved March tenth, one thousand eight hundred and eighty, saved from repeal. [Provides for incorporation, powers, officers, stock, investments and certain changes of land improvement companies and also certain powers granted to specially organized land improvement companies.]
N.J. Stat. § 46:30B-89 — NJ Code / Title 46 / Chapter 30B / Section 30B-89
Time within which administrator may bring action against holder.
Status: in_force

46:30B-89. Time within which administrator may bring action against holder. An action or proceeding may not be commenced by the administrator to enforce chapter 30B of Title 46 of the Revised Statutes in regard to the reporting, delivery, or payment of property more than ten years after the holder specifically identified the property in a report filed with the administrator or gave express notice to the administrator of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent. L.1989, c.58, s.1; amended 2002, c.35, s.56.
N.J. Stat. § 46:30B-66 — NJ Code / Title 46 / Chapter 30B / Section 30B-66
"Good faith" defined
Status: in_force

46:30B-66. "Good faith" defined. For the purposes of this article, "good faith" means that: a. Payment or delivery was made in a reasonable attempt to comply with this chapter; b. The person delivering the property was not a fiduciary then in breach of trust in respect to the property and had a reasonable basis for believing, based on the facts then known to him, that the property was abandoned for the purposes of this chapter; and c. There is no showing that the records pursuant to which the delivery was made did not meet reasonable commercial standards of practice in the industry. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:38A-28 — NJ Code / Title 46 / Chapter 38A / Section 38A-28
Investment or payment of premiums on life insurance or endowment policies by custodian
Status: in_force

A custodian may invest in or pay premiums on life insurance or endowment policies on the life of the minor only if the minor or the minor's estate is the sole beneficiary, or the life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian is the irrevocable beneficiary. Source: New. P.L. 1987, c. 18, s.1..
N.J. Stat. § 46:8B-32 — NJ Code / Title 46 / Chapter 8B / Section 8B-32
Unconscionability of leases; rebuttable presumption; elements of lease
Status: in_force

There is hereby established a rebuttable presumption of unconscionability with respect to leases involving condominium property, including, but not limited to, leases concerning the use by condominium unit owners of parking, recreational or other common facilities or areas. Such presumption may be rebutted by a lessor by the presentation of evidence of the existence of facts and circumstances sufficient to justify and validate a lease which would otherwise appear to be unconscionable under the provisions of this section. A rebuttable presumption of unconscionability shall arise if one or more of the following elements exist, but the failure of a lease to contain any of the following elements shall neither preclude a determination of its unconscionability nor raise a presumption of its conscionability: a. The lease was executed by persons none of whom at the time of the execution of the lease were elected by condominium unit owners other than the developer, to represent their interests; b. The lease requires either the condominium association or the condominium unit owners to pay real estate taxes on the subject real property; c. The lease requires either the condominium association or the condominium unit owners to insure buildings or other facilities on the subject real property against fire or any other hazard; d. The lease requires either the condominium association or the condominium unit owners to perform some or all maintenance obligations pertaining to the subject real property or facilities located upon the subject real property; e. The lease requires either the condominium association or the condominium unit owners to pay rents to the lessor for a period of 10 years or more; f. The lease provides that failure of the lessee to make payments of rents due under the lease either creates, establishes, or permits establishment of, a lien upon individual condominium units of the condominium to secure claims for rent; g. The lease requires an annual rental which exceeds 20% of the appraised value of the leased property as improved; provided that for purposes of this subsection "annual rental" means the amount due during the first 12 months of the lease for all units regardless of whether such units were in fact occupied or sold during that period and "appraised value" means the appraised value placed upon the leased property the first tax year after the sale of a unit in the condominium; h. The lease provides for a periodic rental increase based upon reference to a price index; i. The lease or other condominium documents require that every transferee of a condominium unit must assume obligations under the lease. L.1979, c. 297, s. 2, eff. Jan. 17, 1980.
N.J. Stat. § 46:38-24.1 — NJ Code / Title 46 / Chapter 38 / Section 38-24.1
Placement of possession and control of custodial property in successor custodian; priority of instruments of designation
Status: in_force

A custodian who executes an instrument of designation of his successor containing the custodian's resignation shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in the instrument. The legal representative of a custodian who dies or becomes legally incapacitated shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in an instrument of designation executed by the custodian or, if none, by the minor if he has no guardian and has attained the age of 14 years, or in the possession and control of the guardian of the minor if he has a guardian. If the custodian has executed more than one instrument of designation, his legal representative shall treat the instrument dated on an earlier date as having been revoked by the instrument dated on a later date. L. 1981, c. 377, s. 12, eff. March 1, 1982; repealed R.S. 46:38A-57 (effective July 1, 2007).
N.J. Stat. § 46:30B-87 — NJ Code / Title 46 / Chapter 30B / Section 30B-87
Authority of administrator to destroy or otherwise dispose of property
Status: in_force

46:30B-87. Authority of administrator to destroy or otherwise dispose of property. If the administrator determines after investigation that any property delivered under this chapter has insubstantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the State or any officer or against the holder for or on account of any action taken by the administrator pursuant to this section. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:10B-68 — NJ Code / Title 46 / Chapter 10B / Section 10B-68
Enforcement, regulations.
Status: in_force

16. The Commissioner of Banking and Insurance shall enforce the provisions of this act, and may promulgate regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of the act. L.2011, c.146, s.16.
N.J. Stat. § 46:2A-5 — NJ Code / Title 46 / Chapter 2A / Section 2A-5
Deed, covenant or contract where power is created; acknowledgment; filing
Status: in_force

Such deed, covenant or contract, where the power has been or shall be created by: (a) a last will and testament, shall be acknowledged in the same manner as conveyances of land, and shall be recorded in the office of the surrogate of the county in which such last will and testament was admitted to probate, or in the office of the Clerk of the Superior Court, if such will was admitted to probate in that court or before the ordinary. Said deed, covenant or contract, or a copy thereof, shall be filed with the fiduciary or fiduciaries under said will, if such there be; (b) a conveyance recorded in an office where conveyances of lands are recorded, shall be acknowledged in the same manner as such conveyances, and shall be recorded in such office; (c) a nontestamentary instrument of trust shall be filed with the fiduciary or fiduciaries of such trust; (d) an unrecorded nontestamentary instrument containing a power of appointment where the property subject to the power is not under the control of a fiduciary, shall be acknowledged in the same manner as conveyances of lands and shall be recorded in the office of the clerk or register of deeds and mortgages of the county in which the donee of the power of appointment resides. L.1943, c. 57, p. 254, s. 5. Amended by L.1953, c. 44, p. 820, s. 1, eff. March 19, 1953.
N.J. Stat. § 46:10B-66 — NJ Code / Title 46 / Chapter 10B / Section 10B-66
Powers of commissioner relative to compliance.
Status: in_force

14. a. The Commissioner of Banking and Insurance may investigate or examine any foreclosure consultant, or other person as the commissioner deems necessary to determine compliance with this act. For these purposes, the commissioner may examine the books, accounts, records and other documents or matters of any foreclosure consultant or other person. Each foreclosure consultant shall be subject to an examination by the commissioner, not more than once in any 12-month period, unless the commissioner has reason to believe that the foreclosure consultant is not complying with the provisions of this act, or is not transacting business in accordance with law, in which case the commissioner may conduct an examination at any time. The commissioner shall have the power to compel by subpoena the production of all relevant books, accounts, records and other documents and materials relative to an examination or investigation. b. The commissioner or the commissioner's designee shall have power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, accounts, records and other evidence before him in any matter over which he has jurisdiction pursuant to this act, and to administer oaths and affirmations to any person. c. If any person shall refuse to obey a subpoena, or to give testimony or to produce evidence as required thereby, the commissioner may apply ex parte to any court having jurisdiction over that person for an order compelling the appearance of the witness before the commissioner to give testimony or to produce evidence as required thereby, or both. d. A foreclosure consultant shall have its financial records audited annually by a certified public accountant, which audit shall be filed with the commissioner. The commissioner shall conduct at least one examination of the financial records of every foreclosure consultant licensed in the State every two years. L.2011, c.146, s.14.
N.J. Stat. § 46:2B-8.13a — NJ Code / Title 46 / Chapter 2B / Section 2B-8.13a
Power of attorney; gift of principal's property; prohibited
Status: in_force

1. A power of attorney shall not be construed to authorize the attorney-in-fact to gratuitously transfer property of the principal to the attorney-in-fact or to others except to the extent that the power of attorney expressly and specifically so authorizes. An authorization in a power of attorney to generally perform all acts which the principal could perform if personally present and capable of acting, or words of like effect or meaning, is not an express or specific authorization to make gifts. L.2003,c.138.
N.J. Stat. § 46:10B-13 — NJ Code / Title 46 / Chapter 10B / Section 10B-13
Authorization to make
Status: in_force

Notwithstanding any law, rule, regulation, or opinion to the contrary, it shall be lawful for any institution authorized in this State to make mortgage loans secured by a mortgage on real property to make graduated payment mortgages. L.1979, c. 139, s. 2, eff. July 6, 1979.
N.J. Stat. § 46:8A-2 — NJ Code / Title 46 / Chapter 8A / Section 8A-2
Definitions
Status: in_force

Unless it is plainly evident from the context that a different meaning is intended, as used herein: (a) "Apartment" means an enclosed space consisting of one or more rooms occupying all or part of a floor or floors in a building of one or more floors or stories, but not the entire building, and notwithstanding whether the apartment be designed for residence, for office, for the operation of any industry or business, or for any other type of independent use, provided it has a direct exit to a thoroughfare or to a given common space leading to a thoroughfare; (b) "Coowner" means a person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof, who owns an apartment within the building; (c) "Council of coowners" means all the coowners as defined in subsection (b) of this section; but a majority as defined in subsection (f) of this section, shall, except as otherwise provided in this act constitute a quorum for the adoption of decisions; (d) "General common elements" means and includes: (1) The land on which the building is located; (2) The foundations, main walls, roofs, halls, lobbies, stairways, and entrance and exit or communication ways; (3) The basements and roofs, except as otherwise provided or stipulated; (4) The premises for the lodging of janitors or persons in charge of the building, except as otherwise provided or stipulated; (5) The compartments or installations of central services such as power, light, gas, cold and hot water, refrigeration, reservoirs, water tanks and pumps, and the like; (6) The elevators, garbage incinerators and, in general all devices or installations existing for common use; (7) Yards, gardens, walkways, parking areas, driveways, streets, picnic areas, recreational areas and related facilities for the pursuit of activities, whether included in one or more regimes or located adjacent to or between one or more regimes and intended to be available for use by the coowners of all regimes, except as otherwise provided or stipulated; and (8) All other elements rationally of common use or necessary to the existence, upkeep and safety of the property; (e) "Horizontal property regime" means the form of ownership of real property which consists of the building or buildings, common elements and other property described in the master deed creating and establishing the same. (f) "Limited common elements" means and includes those common elements which are agreed upon by all the coowners to be reserved for the use of a certain number of apartments to the exclusion of the other apartments, such as special corridors, stairways and elevators, sanitary services common to the apartments of a particular floor, and the like; (g) "Majority" or "Majority of coowners" means the coowners of at least 51% of all the apartments in the regime; (h) "Master deed" means the deed establishing the horizontal property regime; (i) "Person" means an individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof; (j) "Property" means and includes all the lands, all the buildings, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, included in one regime, or in two or more regimes, provided such regimes together constitute a single community. (k) "Regime" means the property described in the master deed. L.1963, c. 168, s. 2. Amended by L.1978, c. 124, s. 1, eff. Oct. 5, 1978.
N.J. Stat. § 46:38-28 — NJ Code / Title 46 / Chapter 38 / Section 38-28
Reimbursement for expenses; compensation; bond; liability for losses
Status: in_force

(a) A custodian is entitled to reimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties. (b) A custodian may act without compensation for his services. (c) Unless he is a donor, a custodian may receive from the custodial property reasonable compensation for his services determined by: (1) A direction by the donor when the gift is made; or (2) In the absence of a direction by the donor, such compensation as provided by the law of this State governing compensation of a guardian of the estate of a minor. (d) A custodian need not give a bond concerning the performance of his duties unless required to do so by this act or by court order. (e) A custodian not compensated for his services is not liable for losses to the custodial property unless they result from his bad faith, intentional wrongdoing or gross negligence or from his failure to maintain the standard of prudence in investing the custodial property provided in this act. L. 1963, c. 177, s. 16. Amended by L.1981, c. 377, s. 14, eff. March 1, 1982; repealed R.S. 46:38A-57 (effective July 1, 2007).
N.J. Stat. § 46:15-18 — NJ Code / Title 46 / Chapter 15 / Section 15-18
Definitions; amendment of governing documents.
Status: in_force

4. a. As used in this section: "Association" shall mean a homeowners' or property owners' association, cooperative corporation, condominium association, or planned community acting through a majority vote of its full board membership; and "Board" shall mean the governing board of an association. b. Within 90 days of the enactment of P.L.2021, c.274 (C.46:15-15 et seq.), each board shall review the association's governing documents to determine whether those documents contain any restriction, covenant, or condition, that prohibits or limits the conveyance, encumbrance, rental, occupancy, or use of real property as prohibited by section 4 of P.L.1945, c.169 (C.10:5-4) or subsection g. of section 11 of P.L.1945, c.169 (C.10:5-12). If an association finds such an unlawful restriction, covenant, or condition in any of those documents, it shall amend the document or documents to remove the restriction, covenant, or condition. Removal of such a restriction, covenant, or condition shall not require approval of the members of the association, notwithstanding any provision of the governing documents to the contrary. c. If, after the review and amendment of governing documents pursuant to subsection b. of this section has been completed, a board receives a written request from a member of the association to remove from those documents language that the member believes to be an unlawful restriction, covenant, or condition that prohibits or limits the conveyance, encumbrance, rental, occupancy, or use of real property as prohibited by section 4 of P.L.1945, c.169 (C.10:5-4) or subsection g. of section 11 of P.L.1945, c.169 (C.10:5-12), the board shall immediately undertake a review of the document or documents, which review shall be completed within 30 days of the member's written request. If the board determines that the member is correct, the board shall amend the document or documents to remove the restriction, covenant, or condition within 30 days of its determination. d. Nothing in this act shall give rise to a private cause of action by or against an association, a board, a member, or the public for acting or not acting to remove or not remove an unlawful restriction, covenant, or condition. L.2021, c.274, s.4.
N.J. Stat. § 46:8A-3 — NJ Code / Title 46 / Chapter 8A / Section 8A-3
Horizontal property regimes; mergers
Status: in_force

Whenever a sole owner or the coowners of a building expressly declare, through the recordation of a master deed, which shall set forth the particulars enumerated in section 9, their desire to submit their property to the regime established by this act, there shall thereby be established a horizontal property regime. The coowners of property established as a single horizontal property regime may merge with the coowners of property in one or more other regimes to form a new single horizontal property regime, upon the consent of a majority of the coowners of the property in each of the merging regimes. L.1963, c. 168, s. 3. Amended by L.1978, c. 124, s. 2, eff. Oct. 5, 1978.
N.J. Stat. § 46:8-24 — NJ Code / Title 46 / Chapter 8 / Section 8-24
Waiver by depositor prohibited
Status: in_force

Any provision of such a contract, lease or agreement whereby a person who so deposits or advances money waives any provision of this act is absolutely void. L.1967, c. 265, s. 6, eff. Jan. 1, 1968.
N.J. Stat. § 46:8C-20 — NJ Code / Title 46 / Chapter 8C / Section 8C-20
Duties of private residential leasehold community owner
Status: in_force

11. The owner of the private residential leasehold community land shall notify in writing each owner of a home therein or, if a homeowners' association has been established under the provisions of this act, the directors or trustees of the association, of any application by the owner of the private residential leasehold community land for a variance within 10 days after the filing for such variance with the approving authority, if the granting of such variance would result in the removal of the homes or relocation of the homeowners residing in that private residential leasehold community. L.1991,c.483,s.11; amended 1995,c.365,s.11.
N.J. Stat. § 46:30B-48 — NJ Code / Title 46 / Chapter 30B / Section 30B-48
Report by successor holder of property
Status: in_force

46:30B-48. Report by successor holder of property. If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his name while holding the property, he shall file with his report all known names and addresses of each previous holder of the property. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:10B-17 — NJ Code / Title 46 / Chapter 10B / Section 10B-17
Definitions
Status: in_force

As used in this act: "Reverse annuity mortgage" means a mortgage loan secured by unencumbered residential property of the mortgagor which loan is used by the mortgagee to purchase annuities for the benefit of the mortgagor. "Reverse direct payment mortgage" means a mortgage loan secured by unencumbered residential property of the mortgagor, which loan is paid directly to the mortgagor in fixed amounts over the term of the mortgage not to exceed 10 years, or such other term as may be established by the Commissioner of Banking by regulation. L.1979, c. 140, s. 2, eff. July 6, 1979.
N.J. Stat. § 46:4-6 — NJ Code / Title 46 / Chapter 4 / Section 4-6
Covenant as to grantor's acts
Status: in_force

A covenant by the grantor in a deed "that he has done no act to encumber the said lands" , shall have the same effect as if he covenanted that he had not done or executed, or knowingly suffered to be done or executed, any act, deed or thing whereby the lands and premises conveyed, or intended so to be or any part thereof, are or will be changed, charged, altered, affected, defeated, or encumbered in title, estate or otherwise.
N.J. Stat. § 46:26B-5 — NJ Code / Title 46 / Chapter 26B / Section 26B-5
Additional prerequisites to filing.
Status: in_force

The county recording officer shall not accept for filing any map, with the exception of a right-of-way parcel map, unless it has endorsed on it a certificate by the municipal clerk or secretary of the planning board stating: a. That the proper authority has approved the map or stating its exemption from approval; b. That the map complies with the provisions of this law; and c. The date by which the map is required to be filed by the applicable law. Source: 46:23-9.14. L.2011, c.217, s.1.
N.J. Stat. § 46:30B-82 — NJ Code / Title 46 / Chapter 30B / Section 30B-82
Form of claim; allowance.
Status: in_force

46:30B-82. Form of claim; allowance. The claim of another state to recover escheated or abandoned property shall be presented in a form prescribed by the administrator, who shall decide the claim within 120 days after it is presented. The administrator shall allow the claim if the administrator determines that the other state is entitled to the abandoned property under R.S.46:30B-81. L.1989, c.58, s.1; amended 2002, c.35, s.55.
N.J. Stat. § 46:2B-10 — NJ Code / Title 46 / Chapter 2B / Section 2B-10
Definitions
Status: in_force

1. As used in this act: "Account" means an agreement between a banking institution and its customer pursuant to which the banking institution accepts funds or property of the customer and agrees to repay or return the funds or property upon the terms and conditions specified in the agreement. The term "account" includes, but is not limited to, checking accounts, savings accounts, certificates of deposit and other types of time and demand accounts as banking institutions are authorized to enter into pursuant to applicable federal or State law. The term "account" does not include an agreement pursuant to which a banking institution agrees to act as a fiduciary within the meaning of the "Uniform Fiduciaries Law," N.J.S.3B:14-52 et seq. "Agent" means the person authorized to act for another person pursuant to a power of attorney. An agent may be referred to as an "attorney," "attorney-in-fact" or "deputy" in the power of attorney. "Banking institution" includes banks, savings banks, savings and loan associations and credit unions, whether chartered by the United States, this State or any other state or territory of the United States or a foreign country. A thing is done "in good faith" when it is in fact done honestly, regardless of whether it is done negligently. "Power of attorney" means a duly signed and acknowledged written document in which a principal authorizes an agent to act on his behalf. "Principal" means a person executing a power of attorney. "Safe deposit company" means a company operating pursuant to P.L.1983, c.566 (C.17:14A-1 et seq.). L.1991,c.95,s.1; amended 1994,c.142,s.1.
N.J. Stat. § 46:30B-25 — NJ Code / Title 46 / Chapter 30B / Section 30B-25
Effect of automatic premium loan provision or nonforfeiture provision upon maturity or termination of insurance policy.
Status: in_force

46:30B-25. Effect of automatic premium loan provision or nonforfeiture provision upon maturity or termination of insurance policy. For purposes of this article, the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from being matured or terminated under R.S.46:30B-24 if the insured has died or the insured or the beneficiary of the policy otherwise has become entitled to the proceeds thereof before the depletion of the cash surrender value of a policy by the application of those provisions. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:8D-15 — NJ Code / Title 46 / Chapter 8D / Section 8D-15
Liens
Status: in_force

Any lien on a cooperative ownership interest is governed by the law designated in the instrument and selected by the lender for recordation of the lien. Any assignment, modification, release or discharge of the lien shall adhere to the recordation procedures set forth in the law selected by the lender; but each document or a summary memorandum thereof shall also be recorded in the master register for the cooperative at a recording fee of $1.00 per page. 1987, c. 381, s.16.
N.J. Stat. § 46:8-44 — NJ Code / Title 46 / Chapter 8 / Section 8-44
Definitions.
Status: in_force

2. As used in this act: a. "Landlord" means any person who rents or leases or offers to rent or lease, for a term of at least one month, dwelling units, except dwelling units in rental premises containing not more than two such units, or in owner-occupied premises of not more than three dwelling units, or in hotels, motels or other guest houses serving transient or seasonal guests. b. "Department" means the Department of Community Affairs. c. "Commissioner" means the Commissioner of Community Affairs. d. "Electronic funds transfer" means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer's account, including, but not limited to, through the use of an automated clearinghouse (ACH) system. L.1975, c.310, s.2; amended 2019, c.300, s.1.
N.J. Stat. § 46:8B-25 — NJ Code / Title 46 / Chapter 8B / Section 8B-25
Eminent domain
Status: in_force

If all or any part of the common elements shall be taken, injured or destroyed by eminent domain, each unit owner shall be entitled to notice of such taking and to participate through the association in the proceedings incident thereto. Any damages shall be for the taking, injury or destruction as a whole and shall be collected by the association and distributed by it among the unit owners in proportion to each unit owner's undivided interest in such common elements, except to the extent that the association deems it necessary or appropriate to apply them to the repair or restoration of any such injury or destruction. L.1969, c. 257, s. 25, eff. Jan. 7, 1970.
N.J. Stat. § 46:3-16 — NJ Code / Title 46 / Chapter 3 / Section 3-16
Buildings and other things included in deeds to land
Status: in_force

Every deed conveying land shall, unless an exception shall be made therein, be construed to include all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof.
N.J. Stat. § 46:38A-41 — NJ Code / Title 46 / Chapter 38A / Section 38A-41
Liability of minor to third persons
Status: in_force

A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:38A-9 — NJ Code / Title 46 / Chapter 38A / Section 38A-9
Transfer authorized by will or trust
Status: in_force

A personal representative or trustee may, pursuant to R.S. 46:38A-19, make an irrevocable transfer to a custodian for the benefit of a minor as authorized in the governing will or trust. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:30A-8 — NJ Code / Title 46 / Chapter 30A / Section 30A-8
Violation of act; penalty enforcement
Status: in_force

3. The owner or manager of any individual business establishment wherein this act is knowingly violated by said owner or manager shall be liable to a penalty of not more than $50.00 for the first offense, not more than $100.00 for the second offense and not more than $250.00 for each subsequent offense. Such penalty shall be collected and enforced by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court shall have jurisdiction over such proceedings. Process shall be in the nature of a summons or warrant, and shall issue upon the complaint of the Director of the Division of Consumer Affairs. L.1977,c.213,s.3; amended 1991,c.91,s.465.
N.J. Stat. § 46:8-61 — NJ Code / Title 46 / Chapter 8 / Section 8-61
Unlawful acts by housing provider.
Status: in_force

10. A person shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this act. If the division determines that a housing provider has engaged in one or more unlawful actions against a person with the intent of retaliating for the person's filing of an action against the housing provider pursuant to section 12 of this act, then each unlawful retaliatory action shall be enforced, pursuant to section 12 of this act, as a separate and distinct violation of this act. L.2021, c.110, s.10.
N.J. Stat. § 46:2B-18 — NJ Code / Title 46 / Chapter 2B / Section 2B-18
Banking institution may retain copy of power of attorney
Status: in_force

The banking institution may retain a photocopy of the original signed power of attorney presented to it pursuant to subsection f. of section 4 of this act or may retain and rely upon the certified copies of the original as alternatively provided in subsection f. of section 4 and thereafter may rely on such photocopy or certified copy unless or until it receives knowledge or information that requires or permits it not to honor the power of attorney as provided in section 4. L.1991,c.95,s.9.
N.J. Stat. § 46:8C-3 — NJ Code / Title 46 / Chapter 8C / Section 8C-3
Sale of mobile home within park; notice to and approval by owner or operator
Status: in_force

a. No mobile home park shall deny any resident of such mobile home park the right to sell said resident's mobile home within the park or require the resident to remove the mobile home from the park solely on the basis of the sale thereof. The park may reserve the right to approve the purchaser of said mobile home as a tenant, but such permission may not be unreasonably withheld and the park shall not exact a commission or fee with respect to the price realized by the seller unless the park owner or operator has acted as agent for the mobile home owner in the sale pursuant to a written contract. When a resident of the park plans to sell his home, he shall give written notice to the park owner or operator. Before a home in the park may be sold, the seller shall provide the buyer with an application for park tenancy, which shall be returned to the park owner or operator by the prospective buyer in person. On the private sale of a mobile home, failure to comply with the application procedure as described, before any sales agreement is entered into, shall absolve the park owner or operator from the requirements of Sec. 2e and 2d, and Sec. 4 of this act. The preceding is not applicable if a buyer plans to immediately remove a home from the park. Either a mobile home owner, mobile home purchaser or park owner or operator aggrieved by the failure of any person to comply with the provisions of this section may seek damages and reasonable costs and attorneys fees in a complaint, cross-claim, or third party complaint in a court of competent jurisdiction. b. No contract for the sale of a mobile home, where the buyer and the seller intend the mobile home remain in the park, shall be valid unless the seller has advised the purchaser, in writing, of the park owner or operator's right to approve the purchaser as provided for in this section. c. If the mobile home park owner or operator shall unreasonably withhold approval of a purchaser of a mobile home as a tenant, either the mobile home owner who is selling or the intended purchaser of the mobile home may institute an action in the Superior Court. A plaintiff who shall recover a judgment in any such action shall be awarded all damages proximately caused by the unreasonable refusal of the mobile home park owner or operator to approve the sale together with the costs of the action and reasonable attorneys' fees. In any such action the court shall also be empowered to order the admission of the purchaser of the mobile home to the mobile home park. L.1973, c. 153, s. 3. Amended by L.1977, c. 350, s. 2, eff. Jan. 30, 1978.
N.J. Stat. § 46:9-6 — NJ Code / Title 46 / Chapter 9 / Section 9-6
Covenant as to acceleration
Status: in_force

A covenant in any mortgage in the words, "That the whole of the principal sum shall at the option of the holder of the mortgage become due after default in the payment of any installment of principal or interest for (number to be inserted) days, or after default in the payment of any tax, water rate or assessment for (number of days to be inserted) days, or in default in keeping the buildings insured against loss by fire for the benefit of and to the satisfaction of the holder of the mortgage" , shall be construed to have the same force and effect as the following: "Should any default be made in the payment of any installment of principal or any part thereof, or of the said interest or any part thereof, on any day whereon the same is made payable, as above expressed, or should any tax, assessment, water rate or other municipal or governmental rate, charge, imposition or lien be hereafter imposed or acquired against the premises described in this mortgage and become due and payable, and should the said interest or installment of principal remain unpaid and in arrears for the space of (number inserted) days, or should said tax, assessment, water rent or other municipal or governmental rate, charge, imposition or lien, or any or either of them, remain unpaid and in arrears for the space of (number inserted) days, then and from thenceforth, that is to say, after the lapse or expiration of either of said periods, as the case may be, or should any default be made in keeping the buildings insured against loss by fire for the benefit of and to the satisfaction of the holder of said mortgage, then the whole principal sum with all arrearages of interest thereon, shall at the option of the mortgagee, his heirs, executors, administrators, successors or assigns, become due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything hereinbefore contained to the contrary thereof in anywise notwithstanding."
N.J. Stat. § 46:2B-8.3 — NJ Code / Title 46 / Chapter 2B / Section 2B-8.3
Durable power of attorney not affected by lapse of time; disability or incapacity.
Status: in_force

3. Durable Power of Attorney Not Affected By Lapse of Time; Disability or Incapacity. All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period when the power of attorney is effective in accordance with its terms, including any period when the principal is under a disability, have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument. L.2000,c.109,s.3.
N.J. Stat. § 46:8D-10 — NJ Code / Title 46 / Chapter 8D / Section 8D-10
Amendments
Status: in_force

The master declaration or master register may be amended in the manner set forth therein; provided that no amendment shall affect any cooperative unit unless the possessor of record thereof and the holders of record of any liens thereon join in the execution of the amendment or execute a consent thereto with the formalities of a deed. 1987, c. 381, s.10.
N.J. Stat. § 46:8C-12 — NJ Code / Title 46 / Chapter 8C / Section 8C-12
Right of homeowners on offer to buy.
Status: in_force

3. a. If a private residential leasehold community landowner receives a bona fide offer to purchase the land that he intends to consider or make a counter-offer to, he shall notify the directors or trustees of the homeowners' association within 10 business days of receiving the offer, if such an association has been formed in accordance with the provisions of sections 6 through 8 of this act, that he has received the offer. If a homeowners' association has not been formed, the landowner shall, within 10 business days, notify individual homeowners as required under section 6 of this act. The landowner shall not conclude any agreement to sell the land until after the 30-day period therein specified has elapsed. b. Upon receipt of such notice the board of directors or trustees of the homeowners' association shall appoint from among its members a committee, not exceeding three persons, who may be assisted by such legal and other professional and technical counsel as the board may provide, to receive from the landowner the price and terms of the offer that has been made, and to negotiate the terms upon which the landowner would be willing to sell the private residential leasehold community land to the homeowners' association. Members and assistants to the committee shall be pledged to maintain in confidence any information disclosed to them by the landowner in the course of such negotiations. If any such member or assistant fails to maintain that confidence, the landowner may bring an appropriate action at law for damages or seek an appropriate equitable remedy. c. Not later than the 30th day next following its receipt of offering terms pursuant to subsection b. of this section, or following a period of extension agreed to by the committee and the landowner, the committee appointed pursuant to subsection b. of this section shall report to the board of directors or trustees of the homeowners' association the price and other material terms upon which the private residential leasehold community landowner has agreed to sell the private residential leasehold community land to the association. In the absence of any agreement between the landowner and the committee, the landowner shall be deemed to agree to such sale upon the identical terms communicated by him to the committee pursuant to subsection a. of this section. The report of the committee shall include such supporting data and documentation as the committee and the landowner have agreed upon to be so submitted and authorized to be disclosed. The price and other terms so agreed upon and reported shall be binding upon the landowner for 10 days next following the submission of the committee's report, and if agreed to by the board of directors or trustees of the homeowners' association and consented to by two-thirds of the homeowners in that private residential leasehold community land shall constitute a contract of sale. d. During the period provided for negotiations and for consideration by the association's board of directors or trustees under subsection c. of this section the landowner shall not conclude any agreement for sale of the private residential leasehold community land to any other party, but may negotiate with any other party as to terms and conditions of such an agreement, contingent upon the failure or refusal of the homeowners to exercise their prior right of purchase under this act. L.1991,c.483,s.3; amended 1995,c.365,s.3.
N.J. Stat. § 46:2A-2 — NJ Code / Title 46 / Chapter 2A / Section 2A-2
Release as to whole or part of property; manner of release
Status: in_force

Said person may release such power: (a) with respect either to the whole, or to any part, of the property subject thereto; (b) in such manner as to reduce the number of, or to limit, the persons or objects, or classes of persons or objects, to whom or for whose benefit an appointment otherwise might be made thereunder. L.1943, c. 57, p. 253, s. 2.
N.J. Stat. § 46:8B-12.2 — NJ Code / Title 46 / Chapter 8B / Section 8B-12.2
Management, employment, service or maintenance contract or contract for equipment or materials; 2 year limitation; termination
Status: in_force

Any management, employment, service or maintenance contract or contract for the supply of equipment or material which is directly or indirectly made by or on behalf of the association, prior to the unit owners having elected at least 75% of the members of the governing board or other form of administration of the association, shall not be entered into for a period in excess of two years. Any such contract or lease may not be renewed or extended for periods in excess of two years and at the end of any two-year period, the association may terminate any further renewals or extensions thereof. Notwithstanding the above, any management contract or agreement entered into after the effective date of this amendatory act shall terminate 90 days after the first meeting of a governing board or other form of administration in which the unit owners constitute a majority of the members, unless the board or other form of administration ratifies the contract or agreement. L.1979, c. 157, s. 3, eff. July 19, 1979. Amended by L.1983, c. 54, s. 1, eff. Feb. 4, 1983.
N.J. Stat. § 46:8B-19 — NJ Code / Title 46 / Chapter 8B / Section 8B-19
Taxes, assessments and charges; valuation of units; exemptions or deductions
Status: in_force

All property taxes, special assessments and other charges imposed by any taxing authority shall be separately assessed against and collected on each unit as a single parcel, and not on the condominium property as a whole. Such taxes, assessments and charges shall constitute a lien only upon the unit and upon no other portion of the condominium property. All laws authorizing exemptions from taxation or deductions from tax bills shall be applicable to each individual unit to the same extent they are applicable to other separate property. L.1969, c. 257, s. 19, eff. Jan. 7, 1970. Amended by L.1975, c. 2, s. 1, eff. Jan. 22, 1975.
N.J. Stat. § 46:30B-5 — NJ Code / Title 46 / Chapter 30B / Section 30B-5
Contents of initial report
Status: in_force

46:30B-5. Contents of initial report. The initial report filed under this chapter for property that was not required to be reported before the effective date of this chapter but which is subject to this chapter shall include all items of property that would have been presumed abandoned during the 10-year period preceding the effective date of this chapter as if this chapter had been in effect during that period. The initial report shall also identify any property that was not required to be reported before the effective date of this chapter but which is subject to this chapter which has been paid or delivered to any other state or otherwise disposed of in any manner by the holder during the preceding 10 years. Source: New. L.1989, c. 58, s.1.
N.J. Stat. § 46:2B-12 — NJ Code / Title 46 / Chapter 2B / Section 2B-12
Powers of agent
Status: in_force

An agent may exercise all powers described in this act exercisable by the principal upon and after the presentation of the power of attorney to the banking institution with respect to any banking transaction whether conducted in this or any other state. L.1991,c.95,s.3.
N.J. Stat. § 46:38A-44 — NJ Code / Title 46 / Chapter 38A / Section 38A-44
Resignation of custodian; notice; delivery of custodial property
Status: in_force

A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:10B-6 — NJ Code / Title 46 / Chapter 10B / Section 10B-6
Failure to deliver cancellation or discharge; forfeiture of fee
Status: in_force

Any holder of a mortgage loan or agent acting on behalf of such holder who shall willfully fail or refuse to deliver a cancellation or discharge of a mortgage loan within a reasonable time after tender to him of the amount owing thereon together with the prepayment fee, if any, as provided in this act, shall forfeit his right to receive any prepayment fee, and the Superior Court shall have jurisdiction, in a summary action or otherwise, to order such cancellation or discharge upon payment into court of the amount owing thereon. L.1968, c. 54, s. 6, eff. June 6, 1968.
N.J. Stat. § 46:39-2 — NJ Code / Title 46 / Chapter 39 / Section 39-2
Rental by one acting as sole executor, etc.; accessibility by authorized agent
Status: in_force

When a safe-deposit box or other receptacle for the safekeeping of personal property is rented to a person acting as sole executor, administrator, guardian, trustee or receiver, access to the safe-deposit box or other receptacle may be allowed by any agent authorized in a writing signed by the person so acting. L.1955, c. 151, p. 645, s. 2.
N.J. Stat. § 46:24-12 — NJ Code / Title 46 / Chapter 24 / Section 24-12
Nominal combination and analytical indexes; use; fees
Status: in_force

If commissioners shall be appointed under section 46:24-1 of this title in any county, all nominal indexes in use in the county recording office of such county shall be continued as before, and every combination or analytical nominal index theretofore in use in such office shall be continued under the direction of such commissioners, to the time of the commencement of the local indexes mentioned in section 46:24-7 of this title, and thereafter the same last named nominal indexes shall be continued in lieu of all other nominal indexes of such instruments by the county recording officer of any such county, and the fees for such indexing authorized by law shall be paid to such recording officer.
N.J. Stat. § 46:7-2 — NJ Code / Title 46 / Chapter 7 / Section 7-2
Deed of conveyance
Status: in_force

46:7-2. Where any conveyance of real estate has been, prior to April 6, 1915, made, executed and recorded, in which conveyance it shall appear that the persons therein named as grantees have taken the title to such real estate in behalf of or in the interest of any unincorporated religious association, society, meeting, congregation or organization, upon condition that the real estate so granted and conveyed shall be held in trust for any specific uses and purposes, and such association, society, meeting, congregation or organization shall have thereafter become incorporated as a religious society under the laws of this State, any surviving person or persons named in such conveyance as a grantee may, by deed of conveyance, containing a proper recital, convey the real estate mentioned in the original conveyance to the religious association, society, meeting, congregation or organization, in behalf of which or in whose interest title to the same was taken, in its present corporate name. If there shall be no such surviving grantee, the oldest adult child, or adult grandchild if such child be deceased, of such last surviving grantee may make the deed of conveyance herein provided for. Any deed of conveyance, made by any surviving grantee or grantees, or oldest adult child or adult grandchild of the last surviving grantee, shall be as valid and effectual in law as if made and executed by the grantees named in such original conveyance, and the title to such real estate shall thereby vest in the incorporated religious association, society, meeting, congregation or organization, as effectually as if the same had been incorporated at the time of the original conveyance and had taken title to such real estate directly in its corporate name. Amended 1987,c.357,s.3.
N.J. Stat. § 46:8D-7 — NJ Code / Title 46 / Chapter 8D / Section 8D-7
Master register
Status: in_force

The master register shall contain the following elements: a. Separate identification of each unit by distinctive letter, name or number or combination thereof. b. The percent of common ownership representing each owner's proportionate undivided interest in the common elements; the interests shall be stated as percentages aggregating 100%. c. The name and present address of each present owner and occupant of each identified unit. 1987, c. 381, s.7.
N.J. Stat. § 46:5-2 — NJ Code / Title 46 / Chapter 5 / Section 5-2
"Grantor" , "grantee" , "release" construed
Status: in_force

Whenever in any deed there shall be used the words "the grantor (or the said ) releases to the said grantee (or the said ) all his claims upon the said lands" , such deed shall be construed as if it set forth that "the grantor (or releasor) hath remised, released, and forever quitclaimed, and by these presents doth remise, release and forever quitclaim unto the grantee (or releasee), his heirs and assigns, all right, title and interest whatsoever, both at law and in equity, in or to the lands and premises granted (or released) or intended so to be, so that neither he, nor his personal representatives, his heirs or assigns, shall at any time thereafter have, claim, challenge or demand the said lands and premises, or any part thereof, in any manner whatever" .
N.J. Stat. § 46:30B-12 — NJ Code / Title 46 / Chapter 30B / Section 30B-12
Presumption of abandonment of money order.
Status: in_force

46:30B-12. Presumption of abandonment of money order. Subject to R.S.46:30B-14, any sum payable on a money order or similar written instrument that has been outstanding for more than three years after its issuance is presumed abandoned unless the owner, within three years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a contemporaneous memorandum or other record on file prepared by an employee of the issuer. amended 2002, c.35, s.11; 2010, c.25, s.3.
N.J. Stat. § 46:30D-5 — NJ Code / Title 46 / Chapter 30D / Section 30D-5
Notice to lender of intention to terminate a loan of property.
Status: in_force

5. a. If a museum intends to terminate a loan of property, the museum shall give notice to the lender of its intention at the last known address of the lender. The museum shall undertake a reasonable search in good faith to identify the lender and the lender's last known address from the museum records and other records reasonably available to the museum. The same notice shall be given, and the same search shall be undertaken, by the museum if the museum has knowledge of the existence of a potential claimant. If the museum identifies the lender or a potential claimant and the last known address of the lender or potential claimant, the notice shall be sent to the lender or potential claimant by certified mail, return receipt requested, to the last known address. Notice shall be deemed given if the museum receives a return receipt showing delivery to the lender or potential claimant within 30 days of the mailing of the notice. The date of a notice shall be deemed to be the date of delivery to the person to whom it was sent. b. A notice of intent to terminate a loan of property sent to the lender or a potential claimant pursuant to subsection a. of this section shall include, in addition to the information required by subsection b. of section 4 of this act, a statement indicating: the intent of the museum to terminate the loan; the date of the notice; that the lender or potential claimant must contact the museum in order to establish title to or an interest in the property and make arrangements to take possession of the property; and that failure to contact the museum within 180 days after the date of the notice will result in the loss of title to or an interest in the property pursuant to section 7 of this act. L.2011, c.109, s.5.
N.J. Stat. § 46:2B-8.11 — NJ Code / Title 46 / Chapter 2B / Section 2B-8.11
Certified copies and photocopies.
Status: in_force

11. Certified Copies and Photocopies. Any third party to whom the power of attorney is presented may retain and rely upon a photocopy of the original signed document, or may retain and rely upon a certified copy of the original. L.2000,c.109,s.11.
N.J. Stat. § 46:1-1 — NJ Code / Title 46 / Chapter 1 / Section 1-1
Words and phrases defined
Status: in_force

As used in this title, except where the context clearly indicates a contrary intent, the terms "county recording officer" and "office of the county recording officer" mean the register of deeds and mortgages and his office in counties having such an officer and office, and the county clerk and his office in the other counties.
N.J. Stat. § 46:2A-4 — NJ Code / Title 46 / Chapter 2A / Section 2A-4
Application of act to what powers and instruments
Status: in_force

This act shall apply to powers of appointment created by instruments coming into operation either before or after this act takes effect; provided, that it shall not apply where such instrument expressly prohibits a release of, or covenant, or contract not to exercise, such power. L.1943, c. 57, p. 254, s. 4.
N.J. Stat. § 46:38-17 — NJ Code / Title 46 / Chapter 38 / Section 38-17
Effect of custodial gift
Status: in_force

A gift made in the manner prescribed in this act is irrevocable and conveys to the minor an indefeasible vested legal title to the security, life insurance or endowment policy, annuity contract, money, tangible personal property, interest in a partnership or general partnership. L. 1963, c. 177, s. 5. Amended by L.1981, c. 377, s. 3, eff. March 1, 1982; repealed R.S. 46:38A-57 (effective July 1, 2007).
N.J. Stat. § 46:30B-77 — NJ Code / Title 46 / Chapter 30B / Section 30B-77
Filing claim; another state excluded.
Status: in_force

46:30B-77. Filing claim; another state excluded. a. A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file with the administrator a claim on a form prescribed by the administrator and verified by the claimant. b. The administrator shall allow the claim of persons asserting entitlement as heirs to the property of an intestate decedent paid or delivered to the administrator pursuant to N.J.S.3B:5-5 only upon receipt of (1) substantial credible evidence of heirship, (2) satisfactory evidence that a diligent investigation to locate all heirs of the decedent has been concluded, (3) the names, last known addresses, and a description of the relationships of all of the heirs of the decedent discovered as a result of that investigation, or otherwise, and (4) a release and refunding bond or other instrument satisfactory to the administrator, providing the administrator and the State with full indemnity for claims by other heirs of the decedent. The administrator shall make payment or delivery as otherwise provided in this article to the heirs in shares as prescribed in N.J.S.3B:5-3 through N.J.S.3B:5-14. If the holder has filed an inaccurate or incomplete report and an owner makes a claim for the return of the property and the administrator is unable to determine if the property was reported or delivered, then the holder shall either file an amended accurate and complete report within 120 days of notice by the administrator or directly pay the owner and thereafter make a claim for reimbursement in accordance with R.S.46:30B-62. It shall be the holder's burden to establish that the owner's property was delivered with the original report. L.1989, c.58, s.1; amended 1995, c.152, s.4; 2002, c.35, s.51.
N.J. Stat. § 46:4-5 — NJ Code / Title 46 / Chapter 4 / Section 4-5
Covenants as to quiet possession and freedom from encumbrances
Status: in_force

A covenant by the grantor in a deed "that the grantee shall have quiet possession of the said land" , shall have as much effect as if he had covenanted that the grantee, his heirs and assigns, might, at any and all times thereafter, peaceably and quietly enter upon, and have, hold, use and occupy, possess and enjoy the land conveyed by the deed, or intended so to be, with all the buildings thereon, and the privileges and appurtenances thereto belonging, and receive and take the rents and profits thereof, to and for his and their use and benefit without any let, suit, eviction, interruption, claim or demand whatever of the grantor, his heirs or assigns, or any other person or persons whomsoever, lawfully claiming or to claim the same. If, to such covenant, there be added "free from all encumbrances" , such words shall have as much effect as if the words "and that the said premises are free and clear, and freely and clearly acquitted and discharged of and from all former mortgages, judgments, executions, and of and from all other encumbrances whatever" .
N.J. Stat. § 46:3C-1 — NJ Code / Title 46 / Chapter 3C / Section 3C-1
Short title
Status: in_force

1. This act shall be known, and may be cited, as the "New Residential Construction Off-Site Conditions Disclosure Act." L.1995,c.253,s.1.
N.J. Stat. § 46:8-28.1 — NJ Code / Title 46 / Chapter 8 / Section 8-28.1
Certificate; indexing, filing; inspection; fee; validation.
Status: in_force

3. In the case of a filing under section 2 of P.L.1974, c.50 (C.46:8-28) with the municipal clerk, or with such other municipal official as is designated by the clerk, the clerk or designated official shall index and file the certificate and make it reasonably available for public inspection. In the case of a filing with the Bureau of Housing Inspection, the filing shall be accompanied by the filing fee required pursuant to section 12 of P.L.1967, c. 76 (C. 55:13A-12). The bureau shall review the certificate and, if it is found to be in conformity with this law and any regulations promulgated hereunder, validate the certificate and issue a validated copy to the landlord and a validated copy to the clerk of the municipality in which the building or project is located. The clerk shall index the validated certificates, or forward them to the designated official for indexing, and the certificates shall be made available as with the certificates required of one and two dwelling unit nonowner occupied premises. L.1981,c.442,s.3; amended 2001, c.264, s.2.
N.J. Stat. § 46:16-17 — NJ Code / Title 46 / Chapter 16 / Section 16-17
Certification of notices of liens, certificates, etc.
Status: in_force

3. Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgment is necessary. L.1997,c.412,s.3.
N.J. Stat. § 46:3-8 — NJ Code / Title 46 / Chapter 3 / Section 3-8
Grants of real estate, rents, reversions or remainders without attornment of tenant
Status: in_force

Every grant or conveyance of real estate or of the rent derived therefrom, or of the reversion or remainder thereof, shall be good and effectual without the attornment of the tenant; but no tenant who, before notice of such grant or conveyance, shall have paid the rent to the grantor, shall be prejudiced or suffer any damage by such payment.
N.J. Stat. § 46:30B-99 — NJ Code / Title 46 / Chapter 30B / Section 30B-99
Consultation by administrator with other states to avoid conflicts as to procedures
Status: in_force

46:30B-99. Consultation by administrator with other states to avoid conflicts as to procedures. To avoid conflicts between the administrator's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the administrator, so far as is consistent with the purposes, policies, and provisions of this chapter, before adopting, amending or repealing rules, shall advise and consult with administrators in other jurisdictions that enact substantially the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:30B-100 — NJ Code / Title 46 / Chapter 30B / Section 30B-100
Joint enforcement
Status: in_force

46:30B-100. Joint enforcement. The administrator may join with other states to seek enforcement of the Uniform Unclaimed Property Act against any person who is or may be holding property reportable under this chapter. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:26C-2 — NJ Code / Title 46 / Chapter 26C / Section 26C-2
"Uniform Electronic Transactions Act" superseded.
Status: in_force

The provisions of P.L.2011, c.217 (N.J.S.46:26A-1 et al.) shall take precedence over any conflicting provisions contained in sections 17 and 18 of the "Uniform Electronic Transactions Act," P.L.2001, c.116 (C.12A:12-17 and 12A:12-18). The provisions of P.L.2011, c.217 (N.J.S.46:26A-1 et al.) shall modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. s.7001, et seq.) but shall not modify, limit or supersede Section 101(c) of that act (15 U.S.C.s.7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C.s.7003(b)). Source: New. L.2011, c.217, s.1.
N.J. Stat. § 46:30B-76.1 — NJ Code / Title 46 / Chapter 30B / Section 30B-76.1
Confidentiality of certain records.
Status: in_force

46:30B-76.1. Confidentiality of certain records. Any record or information other than name and address is deemed confidential when revealed or delivered to the administrator and shall not be considered a public record under section 2 of P.L.1963, c.73 (C.47:1A-2). L.1989, c.58, s.1; amended 2002, c.35, s.49.
N.J. Stat. § 46:16-16 — NJ Code / Title 46 / Chapter 16 / Section 16-16
Filing of certificates, notices affecting liens.
Status: in_force

2. Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the county recording officer of the county or counties wherein the property subject to such liens is situated. L.1997,c.412,s.2.
N.J. Stat. § 46:3-15 — NJ Code / Title 46 / Chapter 3 / Section 3-15
Estates tail abolished
Status: in_force

Whenever any conveyance, will or instrument in writing shall hereafter be made, whereby any grantee, devisee or other person shall become seized in law or in equity of such estate in any real estate, as under the Statute of the Thirteenth of Edward I (called the Statute of Entails), would have been held an estate in fee tail of any type or character, such conveyance, will or instrument shall vest an estate in fee simple in such grantee, devisee or other person.
N.J. Stat. § 46:8-9.9 — NJ Code / Title 46 / Chapter 8 / Section 8-9.9
Waiving of rights, remedies prohibited.
Status: in_force

6. The parties to a lease agreement creating a tenancy in residential rental property may not agree to waive any rights or remedies arising under P.L.2008, c.111 (C.46:8-9.4 et al.). L.2008, c.111, s.6.
N.J. Stat. § 46:26A-9 — NJ Code / Title 46 / Chapter 26A / Section 26A-9
Sequence of recording.
Status: in_force

The county recording officer shall record and index documents in the order received. If two documents affecting the same property are submitted for recording by the same person and are received at the same time, the county recording officer shall record and index the documents in the order requested by the person who submitted them. Source: New; 46:19-3; 46:20-2. L.2011, c.217, s.1.
N.J. Stat. § 46:30B-41 — NJ Code / Title 46 / Chapter 30B / Section 30B-41
Presumption of abandonment: Superior Court and surrogate.
Status: in_force

46:30B-41. Presumption of abandonment: Superior Court and surrogate. Property deposited or paid into the Superior Court or to the surrogate of any county in this State to the credit of a specific cause or account under the provisions of any law, order, rule, judgment, or decree and remaining unclaimed for a period of 10 years, shall be presumed abandoned. L.1989, c.58, s.1; amended 2002, c.35, s.31.
N.J. Stat. § 46:30B-70 — NJ Code / Title 46 / Chapter 30B / Section 30B-70
Sale price of securities
Status: in_force

46:30B-70. Sale price of securities. Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable. Source: New. L.1989, c.58, s.1.
N.J. Stat. § 46:38A-56 — NJ Code / Title 46 / Chapter 38A / Section 38A-56
Reservation of power
Status: in_force

The Legislature reserves the power to amend, supplement or repeal this chapter. L. 1987, c. 18, s. 1.
N.J. Stat. § 46:10B-38 — NJ Code / Title 46 / Chapter 10B / Section 10B-38
Definitions relative to certain residential mortgages.
Status: in_force

3. As used in this act: "Creditor" means a State chartered bank, savings bank, savings and loan association or credit union, any person required to be licensed under the provisions of the "New Jersey Residential Mortgage Lending Act," sections 1 through 39 of P.L.2009, c.53 (C.17:11C-51 et seq.), and any entity acting on behalf of the creditor named in the debt obligation including, but not limited to, servicers. "Eligible borrower" means a borrower who is obligated to repay a loan secured by an introductory rate mortgage. "Eligible foreclosed borrower" means a borrower who is obligated to repay a loan secured by an introductory rate mortgage and who receives a notice of intention to foreclose that mortgage pursuant to the "Fair Foreclosure Act," P.L.1995, c.244 (C.2A:50-53 et al.), except that an "eligible foreclosed borrower" shall not include an eligible borrower who has previously exercised the right to obtain a three-year period of extension pursuant to section 5 of this act. "Full repayment" means the full repayment of the amounts due under the introductory rate mortgage, including, without limitation, upon the maturity date, a refinancing, or a sale of or other transfer of title to the property. "Fully indexed rate" means the sum of the current value of the index used for the adjustable rate mortgage and the margin disclosed in the loan agreement. "Introductory rate mortgage" means a consumer credit transaction in which the loan is secured by a mortgage on real estate in this State upon which there is located a one to four family dwelling which is occupied by the borrower as the borrower's principal residence, and which provides for: (1) an introductory payment rate option that is set at least 3 percent below the fully indexed rate at the time the loan was originated and payments may adjust by more than 3 percent at the reset date regardless of whether the variable rate index has increased; or (2) an interest rate that may adjust by more than 2 percent at the end of the initial fixed rate period of the loan and which, notwithstanding the payment rate in effect, had an interest rate at origination of more than 200 basis points over the Freddie Mac 30-year conventional interest rate and which provides for an introductory rate that is set below the fully indexed rate at the time the loan was originated and may adjust at the reset date regardless of whether the variable rate index has increased. "Introductory rate mortgage" shall not include: (1) a loan that provides for a fixed rate of interest for the first five years or longer; or (2) a loan that provides for an introductory rate that is set below the fully indexed rate at the time the loan was originated only as a result of the borrower's payment of bona fide discount points. L.2008, c.86, s.3; amended 2009, c.53, s.69
N.J. Stat. § 46:8-48 — NJ Code / Title 46 / Chapter 8 / Section 8-48
Offer of or entry into lease in violation of rights of tenants; termination of lease; exception
Status: in_force

No landlord shall offer to any tenant or prospective tenant or enter into any written lease after the effective date of this act which includes a lease provision which violates clearly established legal rights of tenants or responsibilities of landlords as established by the law of this State at the time the lease is signed. A tenant shall have the right to petition a court of competent jurisdiction to terminate a lease containing any such provision. Nothing contained herein shall limit any rights or remedies a tenant may have under a lease. No landlord shall be liable to any penalty under section 5 of this act nor any lease termination by a tenant under section 6 of this act, for any lease provision in violation of section 6 of this act where the proposal to include such lease provision originated from the tenant and not such landlord. L.1975, c. 310, s. 6.
N.J. Stat. § 46:39-6 — NJ Code / Title 46 / Chapter 39 / Section 39-6
Provisions of any will, codicil, trust instrument, order, decree or judgment not superseded
Status: in_force

Nothing in this act shall supersede the provisions of any will, codicil, trust instrument, order, decree or judgment prescribing the powers of the persons, if more than 1, required to act jointly in respect to property within their control as co-executors, co-administrators, co-guardians, co-trustees or co-receivers. L.1955, c. 151, p. 646, s. 6.
N.J. Stat. § 46:30B-95 — NJ Code / Title 46 / Chapter 30B / Section 30B-95
Maintaining records; generally.
Status: in_force

46:30B-95. Maintaining records; generally. Every holder required to file a report under Article 17 of this chapter, as to any property for which it has obtained the last known address of the owner, shall maintain a record of the name and last known address of the owner for five years after the holder files the report, except to the extent that a shorter time is provided in R.S.46:30B-96 or by rule of the administrator. L.1989, c.58, s.1; amended 1997, c.33, s.17; 2002, c.35, s.62.
N.J. Stat. § 46:10B-4 — NJ Code / Title 46 / Chapter 10B / Section 10B-4
Invalidity of mortgage provisions
Status: in_force

No provision in a mortgage or instrument of indebtedness which denies the rights conferred by sections 2 and 3 of this act, or which provides for prepayment fees in excess of those permitted by this act, or in which the rights conferred by sections 2 and 3 of this act are modified to the detriment of the mortgagor, or are waived or surrendered, shall be enforceable. L.1968, c. 54, s. 4, eff. June 6, 1968.