if i short sale an investment property, can i make the buyers offer subject to bank relieving me of the 1099?

property sale

I want to short sale an investment property. the difference between what is owed, and actual value is signifigent, and will lead to bankruptcy.

if we recieve an offer from a potential buyer, can i counter it back to say “subject to: bank not issuing 1099 for the difference”?

FYI – the bank is WAMU.

Quick Property Sale

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