New Jersey § 46:18-11

§ 46:18-11.

a. An attorney-at-law of this State or a person duly licensed as an insurance producer

pursuant to the “New Jersey Insurance Producer Licensing Act,” P.L.1987, c. 293 ( C.17:22A-1 et seq. ), in the line of title insurance who has caused payment in full to be made of a mortgage

duly recorded or registered in this State, which mortgage has not been timely canceled

in accordance with section 1 of P.L.1975, c. 137 ( C.46:18-11.2 ), may submit for recording a discharge or satisfaction-piece, executed as agent or

attorney-in-fact for the owner or holder of the mortgage, by virtue of this section,

provided the discharge or satisfaction-piece is accompanied by an affidavit setting

forth the circumstances of payment, which discharge or satisfaction-piece and affidavit

shall be accepted for recording by the county clerk or register of deeds and mortgages,

so long as the affidavit is substantially in the form set forth below: AFFIDAVIT OF PAYMENT TO DISCHARGE MORTGAGE PURSUANT TO SECTION 3 OF P.L.1999, c. 40

(C.46:18-11.7) State of New Jersey County of __________, ss.: The undersigned, being duly sworn upon the undersigned's oath, avers as follows: 1. I am: (a) an attorney-at-law duly admitted to practice before the Courts of this

State; or (b) duly licensed as an insurance producer in the line of title insurance. 2. On __________, ___, I caused to be sent to __________, located at __________ (the address designated for receipt of payment in the pay-off letter, or if no address

is designated, the address given on the letter head of the pay-off letter), the sum

of $__________, in full payment of a certain mortgage dated __________, ___, in the face amount of $__________, between __________ (mortgagor) and __________ (mortgagee), which mortgage was recorded on __________, ___ in the Office of the County Clerk/Register of Deeds of the County of __________ in Mortgage Book __________, page __________ (and which mortgage was subsequently assigned to __________ by assignment of mortgage dated __________, ___, in Assignment of Mortgage Book __________, page __________). 3. Said payment was made by check or electronic wire transfer, in accordance with

a pay-off letter received from __________, dated __________, ___; and I have received advice that (a) the check has been negotiated and canceled

on __________, ___; or (b) the wire transfer was received and credited to the recipient's account on

__________, ___. 4. On __________, ___, at least 30 days' notice having elapsed since the date the payment was received,

I caused a notice to be sent to __________, located at __________ (the address designated for receipt of payment in the pay-off letter, or if no address

is designated, the address given on the letter head of the pay-off letter), by registered

or certified mail, return receipt requested, pursuant to section 2 of P.L.1975, c.

137 ( C.46:18-11.3 ). 5. On __________, ___, at least 30 days having elapsed since the date the notice as set forth in paragraph

4 of this affidavit was received, I caused a notice to be sent to __________, located at __________ (the address designated for receipt of payment in the pay-off letter, or if no address

is designated, the address given on the letterhead of the pay-off letter), by registered

or certified mail, return receipt requested, of my intention to cause the mortgage

to be discharged by affidavit pursuant to section 3 of P.L.1999, c. 40 ( C.46:18-11.7 ), if the mortgage remains uncancelled 15 days after the notice is received. 6. At least 15 days have now elapsed since the notice described in paragraph 5 of

this affidavit was received. To the best of my knowledge and belief, no letter or other written communication

has been received from __________, to the effect that it denies or disputes that the mortgage has been paid in full

and ought to be discharged of record at this time. 7. Wherefore, the undersigned directs the county clerk or register of deeds of the

County of __________ to cause to be recorded the discharge or satisfaction-piece accompanying this affidavit,

and further directs the county clerk or register of deeds to cause a marginal notation

of discharge to be made upon the record of the mortgage described in paragraph 2 of

this affidavit. ____________________ Sworn and subscribed before me this __________ day of __________, ___. b. Upon payment of the appropriate fees therefor, the county clerk or register of

deeds and mortgages shall cause the marginal notation “Discharge recorded in Book

__________, Page __________” to be made upon the record of any mortgage which is specifically described in the

affidavit.