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The Essex County Register of Deeds and Mortgages is an elected, statutory officer in Essex County, New Jersey, USA who is responsible under the law for recording, filing, and preserving all property transactions within the 22 municipalities of the County. The term of office is five years.
The process of performing a title search involves accessing the official land records for the subject property. Each record is a document evidencing an event that occurred in the history of the property. A deed records an event of property transfer, mortgage documents the collateral interest of a home loan, and a lien documents a claim against ...
The record title holder is not necessarily the actual owner of the land if there are previous unrecorded deeds to it to others. The principal legal theory is that once a person has conveyed the title to his or her property (or some aspect of it) to someone, he or she has nothing left to transfer to any subsequent person.
The office of Commissioner of Deeds is one unique to the United States. During the 19th century, deeds concerning property located in a particular state could only be acknowledged before a Notary Public in that state; if the deeds was acknowledged outside the state where the subject property was located, the grantor would have to find a judge of a court of record to take the acknowledgment.
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The New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (P.L. 2001, c. 404), commonly abbreviated OPRA, is a statute that provides a right to the public to access certain public records in the State of New Jersey, as well as the process by which that right may be exercised. In general, OPRA provides that "government records shall be ...
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