Notary Public vs Commissioner of Deeds in New Jersey

The notary public in New Jersey

State law defines a notary public as an individual commissioned by the State Treasurer to perform a notarial act. The Division of Revenue and Enterprise Services handles the commissioning, for a five-year term that can be renewed. The notary's stamp carries the notary's name, the notary title and an expiration date.

A notary performs notarial acts such as taking acknowledgments, administering oaths and affirmations for a jurat, and, where the law allows, other acts. The State publishes a notary public manual with the rules, including identification, the journal and what a notary must refuse.

The commissioner of deeds

The statutes we reviewed, in Title 52, describe a foreign commissioner of deeds for New Jersey. It is a role the State can give to people who live in other states, territories or the District of Columbia. The person is authorized to take acknowledgments or proofs of deeds for use here. The statute describes an application with an endorsement, and the commission is issued by the State.

In plain terms, that role is aimed at people outside the state who may need to take an acknowledgment for a New Jersey matter. It is a different appointment, from a different process, than a notary commission. We did not find that the current notary manual or the notary pages of the Division of Revenue and Enterprise Services mention commissioners of deeds at all.

The title means different things elsewhere

In some states the title commissioner of deeds refers to a locally appointed official with its own powers and rules. Do not assume that what you read about the title in another state applies in New Jersey. The same title in a different state may have different authority.

If you were told to see a commissioner of deeds, ask who told you and why. The word may be a habit from another place, an old form, or a request that a notary can meet. The receiving office can say.

What this means for you in practice

If you are in the state and a form asks for a notary, a New Jersey notary public is the usual person to see. If you live elsewhere and a New Jersey form or office asks for an acknowledgment, the options available to you depend on the office and on state rules. Ask the office whether a notary in your own state is acceptable and whether it accepts anyone else. If the document will be used in another country, a separate process may apply. See our guide Apostille vs Notarization: What Each One Proves.

A notary cannot choose the type of authority your document needs and cannot say which official the receiving office accepts. Ask the office, and ask an attorney if the legal side is unclear.

Questions to ask before you act

Because the title is used loosely, a few questions clear things up quickly. Who asked for this person, and in what wording? Does the form say New Jersey commissioner of deeds, or just notary? Is the document being signed inside the state or outside it? Is it going to a state office, a court, a bank or another country?

Write down the answers and take them to the receiving office. If the office says a notary public is acceptable, the matter is settled for that document. If it asks for something else, ask for the requirement in writing and where to obtain it.

Where to confirm the details

For New Jersey notary commissions and any question about authorizations, reach out to the Division of Revenue and Enterprise Services, the State agency that runs the notary pages and the Notary Public Search. For commissioner of deeds appointments and whether they are currently being issued, ask the State directly rather than relying on a general web page. The statutes can change, and a summary like this one may not show every detail.

MCC Solutions is a notary service. We can tell you what a New Jersey notary does and whether an act is one we perform, but we cannot confirm the status of other officials.

Common questions

More notary guides

• Limited Power of Attorney for One Task or Sale
• Notary Financial Interest in a Transaction Explained
• What a notary can and cannot do in New Jersey

This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.