Deeds never recorded

[Judy Parker]

Recently I attended a Bergen County, New Jersey Tax Sale. The two vacant parcels of Land I wanted to bid on were part of three-parcels that were originally one large lot, which had been subdivided in 1992 (twenty-nine years ago). As expected, no one bid on these two parcels so I paid the taxes on each ($5,874.69 + $5,967.39) and received the two Tax Sale Certificates. I took the two Tax Sale Certificates to the Bergen County Clerk, who refused to Record the Liens because she couldn't locate the two properties in her system. I went back to the Local Tax Collector and after a half hour of research and phone calls, it appears that when the original ONE parcel was subdivided into THREE parcels 29 years ago, the property owner never recorded the deeds with the Bergen County Clerk (which was in violation of the terms with the town who approved the subdivision: "the Developer agrees to promptly record the Deed in the Bergen County Clerk's Office."). Until the Property Owner (who is now deceased) records these two Deeds, I am unable to record my liens on these two parcels. According to the Local Tax Collector, the Tax Assessor has gotten attorneys involved. So now I wait. In the interim, the Property Owner's heirs have been trying to sell the three lots, to no avail. I don't think the heirs realize the Deeds were never recorded, so if they do, indeed, find a Buyer, they won't be able to close. Not recording a Deed seems to be against New Jersey law. Anybody ever experienced this before, and how did it get resolved? (The good part is I get 18% interest plus a 6% year end penalty if they redeem).