Union County Clerk's Office Public Land Records

ACKNOWLEDGMENT:: A formal declaration signed before a duly authorized official which states the person individually, or acting as a duly appointed representative for a separate entity, signed the document as a voluntary free act. All recorded instruments in the State of New Jersey are required to be acknowledged in order to authenticate the signer(s).
ADJUSTABLE RATE MORTGAGE:: Mortgage loan that allows the interest rate to be changed at specific intervals during the term of the loan.
AFFIDAVIT OF CONSIDERATION:: Required affidavit to file with deeds when full or partial exemption from Realty Transfer Tax is declared.
APPRAISAL:: The act or process of estimating the value of a property.
ASSESSMENT:: The payment due to a municipality or association.
ASSIGNMENT:: The method by which one's property rights or contract rights are transferred to another.
BALLOON MORTGAGE:: A mortgage with a balloon payment. This balloon payment is the final payment of the loan which is larger than any preceding payments.
BARGAIN AND SALE DEED:: A deed transferring property for valuable consideration in which the Grantor implies to have an interest. No warranties of title are given. This is the most common deed used in N. J. today.
CANCELLATION OF MORTGAGE:: A method whereby a mortgagee acknowledges that a mortgage commitment has been paid in full and the County Clerk is authorized to cancel of record. Cancellation endorsement is submitted on the original recorded document.
CERTIFIED COPY:: A copy produced by the official holder of record which cites keeper of record and bears official stamp or seal.
CHAIN OF TITLE:: A history of conveyances and encumbrances affecting a particular parcel of land which go back as far as official records are available.
CONDOMINIUM DEED:: A deed for an individual unit in a condominium complex.
CONSIDERATION:: Anything of value given to induce another to enter into a contract.
CONTRACT OF SALE:: A written agreement whereby purchaser agrees to buy certain real estate and seller agrees to sell upon certain terms.
CONVEYANCE:: The transfer of title of real estate from one party to another (deed).
DEED:: A written document, properly signed and delivered, that conveys land from one owner to another.
DEFENDANT:: A person against whom a legal action is taken.
DISCHARGE:: The method of releasing a person from obligation or debt.
EASEMENT:: The right, privilege or interest that one party has in the property of another. This is usually for a specific purpose such as sewer lines.
ENCUMBRANCE:: Any right to or interest in land that affects its value.
FEDERAL TAX LIEN:: A notice of debt attached to property for unpaid federal taxes, most often the IRS.
FILING:: The act of placing a document on the public record in the County Clerk's Office. The original document remains "on file" in the office.
FINANCE STATEMENT:: A document which encumbers personal property or fixtures with a debt. Also see Uniform Commercial Code (UCC).
FORECLOSURE:: Enforcement of a lien (usually a mortgage) by sale of property which was given as security.
GRANTEE:: The party to whom the title to real property is conveyed (the buyer).
GRANTOR:: A person who transfers title or interest to property to another (seller).
HEIR:: One who inherits property.
HOME EQUITY LOAN:: A loan secured by a mortgage, either as a line of credit to be drawn on as needed, or a second mortgage providing a lump sum amount.
INHERITANCE TAX WAIVER:: A document issued by the New Jersey State Tax Division which releases property from inheritance tax. It is recorded in the Business Division of the Clerk's Office.
JOINT TENANCY:: Ownership of realty by two or more persons, each of whom has an undivided interest with the right of survivorship.
LEGAL DESCRIPTION:: A legally acceptable description of real property to locate it on the ground. Usually accomplished by government surveys, metes and bounds or recorded maps (lot and block numbers).
LIEN:: An encumbrance against property of another as security for the payment of a debt, judgment, mortgage, taxes or other obligation.
LIS PENDENS:: Recorded notice of the filing of a suit, the outcome of which may affect title to a certain property.
MASTER DEED:: Used by a condominium developer for recording a condominium development. It divides a single property into individually owned units, includes use restrictions and provides for ownership of common areas.
MODIFICATION:: The making of a limited change to an instrument as to modify a mortgage.
MORTGAGE:: A written instrument that creates a lien upon real estate as a security for the payment of a debt.
MORTGAGEE:: One who holds a lien on property as a security for a debt (lender).
MORTGAGOR:: One who pledges as security for a debt (borrower).
NOTARIZE:: The confirmation by a Notary Public to the genuineness of a signature.
NOTARY PUBLIC:: A person authorized by law to take acknowledgments and to administer oaths.
PARTIAL RELEASE:: A provision in a mortgage that allows some of the property pledged to be freed from serving as collateral. These releases are usually separate instruments which are notated on the original mortgage.
PASSPORT:: A document issued to a citizen by the U. S. Government to travel to and return from foreign countries freely and safely.
PLAINTIFF:: A party who initiates a lawsuit.
POWER OF ATTORNEY:: An instrument authorizing a person to act on one's behalf as agent or attorney.
PUBLIC RECORD:: Usually refers to property transactions and records kept with the County Clerk's Office.
PURCHASE MONEY MORTGAGE:: A mortgage given as part or all of the purchase price of real property.
QUIT CLAIM DEED:: A deed that relinquishes only the Grantor's interest or rights in property with no Warranties of Ownership.
REAL ESTATE:: Land and all its attachments also known as real property or realty.
RECORDING:: The act of placing a document on the public record in the County Clerk's Office. Facsimile of the document remains "on record". The original is returned to sender.
REDEMPTION:: The act by which a property owner can reclaim forfeited property by paying back a debt caused by default of mortgage payments or tax sale for non-payment.
RESOLUTION TRUST CORPORATION (RTC):: A federal agency created to manage and resolve insolvent Savings and Loan Associations.
RESTRICTION:: A limitation or prohibition placed on the use of property, contained in a deed, declaration, agreement, or local ordinance.
REVOCATION:: To recall the power of authority such as revocation of power of attorney.
RIDER:: An amendment or attachment to a contract or other document.
RIGHT OF SURVIVORSHIP:: The right to succeed to the interest of a deceased.
RIGHT-OF-WAY:: A type of easement giving the right to pass over or to cross a parcel of land.
SEAL:: An impression on a document to effect its authenticity.
SEARCHER:: A person, often an employee of a title company, who examines the links of ownership, interest or rights to a piece of property, establishing a chain of title.
SECURED PARTY:: The party having the security interest.
SECURITY AGREEMENT:: An agreement between the secured party and the debtor which creates a security interest. (Also see U.C.C.'s)
SHERIFF'S DEED:: The transfer of title of a debtor's property resulting from a foreclosure sale.
STATUTE:: A law established by an act of the legislature.
SURVEY:: The process of measuring a parcel of land to determine its area and boundaries.
SURVIVORSHIP:: The right of a joint tenant to continue ownership rights following the death of the other joint tenant.
TAX SALE:: Sale of property conducted for the purpose of collecting delinquent taxes.
TAX SALE CERTIFICATE:: Public record of result of tax sale issued by municipality.
TENANCY:: The right of possession of property.
TENANCY BY THE ENTIRETY:: Property ownership by husband and wife with equal rights of possession during their joint lives with the right of survivorship. When one dies, the other spouse owns the entire property.
TENANCY IN COMMON:: A form of co-ownership of property by two or more persons, each of whom has an undivided interest without the right of survivorship. If one co-owner dies, the interest in the property may be inherited by others.
TENANT:: Any person in possession of real property with the owner's permission.
TITLE:: Evidence of ownership.
TITLE COMPANY:: A business which examines title to real estate and issues title insurance policies.
TITLE INSURANCE:: A policy issued to property owners which protects the holder for any loss caused by defects in the title.
TITLE SEARCH:: An examination of the public record to determine the ownership and encumbrances affecting real property.
TRACT:: A parcel of land divided into smaller parcels called lots.
TRANSFER TAX:: A tax imposed upon transfers of title to real property.
U.C.C.:: Uniform Commercial Code.
UTILITY EASEMENT:: The right to use one's property for laying gas, electric, water and sewer lines.
VACATION OF ROADS:: A municipal ordinance or other lawful preceding which vacates a street, highway or other public place.
VARIABLE RATE MORTGAGE:: A long term mortgage under which the interest rate may be adjusted periodically.
WARRANTY DEED:: A deed that contains a covenant which assures good title with freedom from encumbrances.
WRAP AROUND MORTGAGE:: A mortgage that incorporates the balance of the preceding mortgage. Instead of having two separate mortgages, a wrap around includes both.