(a) Fees Allowable. In an action for the foreclosure of a mortgage or tax certificate or for partition and sale of realty, the court or the clerk may, as a matter of discretion, tax as part of the taxable costs all legal fees and reasonable charges necessarily paid or incurred in procuring searches relative to the title of the subject premises, provided that the minimum fee shall be $75 and the maximum fee shall be $500. If, however, 1% of the amount found due plaintiff is more than $75 and less than $500, such 1% shall be the maximum fee. In tax foreclosure actions brought to foreclose tax sale certificates on more than one parcel, the fees herein prescribed shall apply to each separate parcel, except, however, that in in rem tax foreclosure actions pursuant to R. 4:64-7, the fee shall be $75 for each separate parcel, and the maximum fee herein prescribed shall not apply. The court or the clerk may also authorize inclusion of all legal fees and charges necessarily incurred for searches required for unpaid taxes or municipal liens and for searches required to enable the officer making public sale to insert in the notices, advertisements and conditions of sale, a description of the estate or interest to be sold and the defects in title and liens or encumbrances thereon, as authorized by law.
Rule 4:42-10.Search fees
Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:42-10 lets a court tax reasonable title-search fees as costs in mortgage or tax-certificate foreclosures and partition actions, generally between $75 and $500 per parcel, supported by an affidavit itemizing the charges.
Full Text of Rule 4:42-10
(b) Affidavit of Fees; Limitations. Fees for searches shall not be taxed, unless prior to the taxing thereof the plaintiff or plaintiff’s attorney has filed an affidavit setting forth an itemized statement of the fees and charges for which taxation is asked, and including only such fees and charges as were actually and necessarily paid or incurred for the purpose of the action. Without court order no search fees shall be certified or taxed for searches respecting the state of the title or encumbrances thereon prior to the commencement of the co-tenancy in partition actions, or prior to the date of the mortgage in foreclosure actions. In tax foreclosures where the plaintiff is other than a municipality a notice similar to that required by R. 4:42-9(a)(5) shall be sent where search fees are to be applied for.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:55-9(a) (b). Paragraph (a) amended November 27, 1974 effective April 1, 1975; paragraph (a); amended July 24, 1978 to be effective September 11, 1978; paragraph (a); amended July 16, 1981 to be effective September 14, 1981; paragraph (a); amended July 15, 1982 to be effective September 13, 1982; paragraphs (a) and (b); amended July 13, 1994 to be effective September 1, 1994.
Plain-English Summary
Title searches cost money, and this rule lets the winning party recover that cost in a defined range of cases: mortgage or tax-certificate foreclosures and partition-and-sale actions. The fee runs between $75 and $500 (or 1% of the amount due plaintiff, if that falls in between), with in rem tax foreclosures fixed at $75 per parcel and no ceiling.
Recovering the fee takes an affidavit itemizing exactly what was paid or incurred, and for searches that predate the mortgage or the co-tenancy, a court order is required before those older searches can be taxed at all.
Frequently Asked Questions
How much can a party recover for title-search fees in a New Jersey foreclosure?
Generally between $75 and $500 per parcel, or 1% of the amount due if that figure falls between those numbers; in rem tax foreclosures are fixed at $75 per parcel with no maximum.
What does a party need to file to recover search fees?
An affidavit itemizing the fees and charges necessarily paid or incurred for the action.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:42-10). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: title search feesforeclosure search costs