Short sale "packet" from mortgager

[curleyp28]

Our house was included in Bk 2 years ago. Currently is subject to a short sale and the "packet" the mortgage comp. wants us to fill out has a part that we are to sign that says "seller IS responsible for any losses or damages". We crossed it out and put we are not responsible, and they would not accept it. Said we can only write in the provided spaces. Our real estate agent said we can write that we are not responsible in a separate part on the packet. Will this be ok if we do this? I just want to make sure by signing (without crossing out that part), but putting it somewhere else on this packet that we will not be responsible for any losses or damages incurred by the mortgager. We basically would be signing that we are responsible, but also adding in a separate part, that we are not responsible. We tried to contact 3 real estate attorneys to look over this, but no one has returned our calls.
Any advice would be great! thanks!!

[StartingOver08]

I would not sign anything in the short sale packet without a real estate attorney advising you. IMO if you sign it the way it is, that could be a problem for you since you are agreeing to be responsible for losses after your discharge date. Check it out with an attorney. Remember, the bank will tell you anything to get you to sign documents.

It is very common for the lender to ask you to sign a note for the deficiency in order to complete the short sale process. Here is an article: http://online.wsj.com/article/SB124104990739271023.html

If you did not reaffirm the mtg and you are upside down on the house, why are you worried about doing the short sale? Just walk away. If you sign any kind of note now in order to finish the short sale - then I would think you would be responsible for payment of the note since it is after BK. Be very careful here. It is not in your best interest to sign this packet the way it is, IMO.

[curleyp28]

Thanks.
We were told a short sale is better on our credit than a forclosure. We offered to do a deed in lieu of forclosure to the bank and they said it first has to go on the market. The mortgage comp has been awarded forclosure through the courts. Our real estate agent said we still can proceed with the short sale though. We have an offer on the house $10,000 more than asking price(market value). Why the mortgage comp don't jump on this, I have no idea. We just want to obtain a loan in the future for a new house, and we were told the wait isn't as long if you do the short sale. I will keep trying to contact a lawyer, but no luck yet of anyone wanting to help us out.
Thanks again!

[Ifonly]

I'm pretty sure that a short sale would hit your credit the same as a foreclosure. I believe that I've read over and over again here that there is absolutely no benefit to you to do a short sale. HHM has responded to a bunch of posts here with really, really great information.

Also, there is a another thread on this page dealing with the same type of subject. If the house was included in the BK, why are you doing anything? You get one hit to your credit for the BK and that's it. They can't hit you again for a short sale/foreclosure or anything else if the debt was included in the BK. Maybe I misunderstood your post?

[atolar]

my lawyer said never sign anything that says, "resonsible or new modification"
that bk mortgage can be thrown out if you sign new paperwork with your intent.

we are being foreclosed soon. jsut ready to get this over with.. btw: I don't think short sale is any better on your credit than just BK.