Key Takeaways

  • New Jersey closings are typically conducted by attorneys who handle title examination and closing
  • The closing disclosure must be provided at least 3 business days before closing per federal TRID rules
  • New Jersey uses warranty deeds, bargain and sale deeds, and quitclaim deeds for property transfers
  • Property taxes in New Jersey are collected quarterly with prorations calculated at closing
  • Recording fees are paid to the county clerk to record deeds and mortgages
Last updated: January 2026

New Jersey Closing Procedures

New Jersey has specific requirements for real estate closings that differ from some other states.

Who Conducts Closings

In New Jersey, closings are typically conducted by attorneys:

RoleResponsibility
Closing AttorneyTitle examination, document preparation
Title CompanyMay provide title insurance
Real Estate AgentCoordination, not document preparation
LenderProvides loan documents and funds

Attorney Involvement

New Jersey is an "attorney state" for closings:

  • Title examination performed by attorney or title company
  • Closing documents typically prepared by attorneys
  • Attorney conducts the closing
  • Funds disbursed through attorney escrow

Pre-Closing Requirements

Federal TRID Rules

DocumentTiming
Loan EstimateWithin 3 business days of application
Closing DisclosureAt least 3 business days before closing
Changes requiring new waitAPR increase >0.125%, loan product change, prepay penalty

Title Examination

The closing attorney or title company:

  • Searches public records
  • Examines chain of title
  • Identifies liens and encumbrances
  • Issues title commitment

Survey

When RequiredPurpose
Lender requirementVerify boundaries
Buyer requestIdentify encroachments
Title insuranceMay be required

Types of Deeds in New Jersey

Full Covenant and Warranty Deed (General Warranty)

Provides the greatest protection:

  • Warrants title against all defects
  • Guarantees right to convey
  • Covenants of quiet enjoyment
  • Most common in residential sales

Bargain and Sale Deed (With Covenants)

Provides moderate protection:

  • Implies grantor has title
  • May include limited warranties
  • Common in New Jersey transactions

Bargain and Sale Deed (Without Covenants)

Limited protection:

  • Implies grantor has title
  • No warranties
  • Often used in tax sales, foreclosures

Quitclaim Deed

Provides no warranty:

  • Transfers only interest grantor has (if any)
  • No promises about title quality
  • Used to clear title issues, family transfers

Prorations at Closing

Property Taxes (Quarterly Collection)

New Jersey property taxes are collected quarterly:

QuarterDue Date
Q1February 1
Q2May 1
Q3August 1
Q4November 1

Tax Proration Methods

MethodCalculation
Per diemAnnual tax ÷ 365 × days
Calendar year basisStandard approach
Seller responsibilityThrough day before closing
Buyer responsibilityClosing day forward

Other Prorations

ItemDirection
HOA/Condo feesPer payment schedule
Rent (if applicable)Buyer credited for prepaid rent
Oil in tankBuyer pays for remaining oil
Water/sewerPer usage or quarterly

Recording Requirements

Where to Record

Deeds are recorded with the County Clerk in the county where the property is located.

Recording Fees

Fee TypePurpose
Recording feePer page/document
Realty transfer feeState tax on sale
Mansion taxAdditional fee over $1 million
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New Jersey Closing Process
Test Your Knowledge

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Test Your Knowledge

Where are real estate deeds recorded in New Jersey?

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Test Your Knowledge

Which type of deed provides the greatest protection to the buyer in New Jersey?

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