Form Rtf-8 - Affidavit Of Consideration Page 2
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2CHAPTER 225, LAWS OF N.J. 1979
(APPROVED OCTOBER 12, 1979)
1. Whenever an application is made to the sheriff of any county for the sale of any real property, whether
under execution or pursuant to any other wit, judgement or order, the sheriff shall not proceed with such sale
unless and until the applicant shall furnish to the sheriff a statement, under oath, listing the names of all
mortgagees and other holders of encumbrances constituting “consideration” as defined in section 1 (c) of the
act is a supplement (C. 46:15-5(c)), to which such sale shall be subject.
Upon the preparation of a deed for any real property sold as herein provided, the sheriff shall cause to be
attached to such deed the statement of prior mortgages, liens or encumbrances furnished by the applicant.
Upon the recordation of a deed to real property executed by a sheriff as herein provided, the realty transfer
fee shall be computed upon the amount bid for the property plus the remaining amount of any superior
mortgages, liens or encumbrances constituting “consideration” as defined in the said section 1 (c) C. 46:15-
5(c), provided, however, that nothing herein contained shall be construed to subject to the payment of a fee
any deed excluded pursuant to section 6 of P.L. 1968, c. 49 (C. 46:15-10).
The director shall promulgate rules, regulations and forms of certification or otherwise necessary to carry
out the provisions of this act.
2. This act shall take effect on the first day of the second month following enactment.
NEW JERSEY ADMINISTRATIVE CODE 18:16-4.6
CALCULATION OF FEE ON A SHERIFF’S DEED
(a) As a general rule, in the case of a sheriff’s deed confirming a sheriff’s sale, the amount of the realty
transfer fee shall be computed upon the amount of the accepted bid for the property sold.
1. Where, however, the sale is for delinquent taxes or assessments, no fee is imposed.
2. Where a deed to real estate is executed by a sheriff to a mortgagee who bids in property foreclosure
sale to satisfy a mortgage lien, the Realty Transfer Fee will be computed upon the amount bid for the
property plus the remaining amount of any superior mortgage liens.
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