Appellate Division Strikes Down E-Recording Convenience Fees

In the past few years, all New Jersey counties have begun to accept documents concerning real property that need to be recorded (such as deeds, mortgages, etc.) electronically, and some counties have imposed a "convenience fee" to electronically record such documents.  On February 11, 2019 the Appellate Division outlawed these fees by striking down Essex County's $3 charge.  Noting that the "clear object" of the relevant statute was to, "establish a uniform schedule of fees to be charged by all county registers or clerks," the court held that no law permitted the charging of such fees, and the counties lacked the legal authority to institute their own fees for the e-recording documents.  Consequently, counties will not longer be permitted to charge these fees absent further appeal to the Supreme Court or action by the State Legislature.  (New Jersey Land Title Association v. Dana Rone, County Register of the County of Essex)