I have revised my January 23, 2009 post on sales disclosure forms to include these additional thoughts regarding signatures on the forms following sheriff's sales:
Signatures. Based upon our experience, in the event of a sheriff's sale, the attorney for the "buyer" - usually the lender/mortgagee's attorney - has been able to execute the form for both the both buyer and seller (the sheriff). This has avoided involving the sheriff's office in the past. The better practice, however, is to submit the form for the sheriff's signature at the same time the sheriff's deed is tendered for execution. That way, the sheriff's office can sign both documents at once. We recently discovered that the Marion County Sheriff's Office provided this form signature page (.pdf) to the assessor's office for purposes of completing sales disclosure forms after sheriff's sales. The assessor's office has instructed our office to attach this signature to future SDF's filed in Marion County.
Upon further reflection and investigation, I believe this new information provides more clarity to the issue. Thanks to my paralegal Mary Schroeder for her help with this subject. Please email, post a comment or call with any questions or concerns, or different experiences, thanks.