NEWARK – Deed procurement services are provided by private firms that charge consumers a fee to obtain one or more copies of deeds to the consumers’ homes. These businesses often solicit consumers through written forms that may confuse or deceive consumers into believing they are obligated to use the service or are at risk if they do not respond to the solicitation within a certain period of time. On the contrary, consumers can obtain copies of deeds from the office of their county clerk for a nominal fee.

The Division of Consumer Affairs is proposing new rules to implement P.L. 2017, c. 251, which imposes requirements on deed procurement service communications aimed at protecting unsuspecting consumers from business practices that tend to confuse or deceive consumers into paying more for the service than they would otherwise pay to obtain a deed from the office of the county clerk. Notably, the proposed rules would require written solicitations to provide notice that the document is an advertisement and to include a statement that a deed may be obtained from the county clerk with the contact information and fee charged by the county clerk.

The proposed regulation, and information on how to submit a comment by November 19, 2021 can be viewed here.

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