Gary;
Several things for you to chew on...
So you know, the bank CANNOT begin a short sale process without the payments being behind. In AZ, for the lender to begin the foreclosure process would require for you to be behind on payments by three months. At that time, they would then file a liz pendence There is then a 3 month period before the property could be sold.
It is called "The Mortgage Forgiveness Debt Relief Act of 2007" and WILL forgive your debt if through a short sale, deed in lieu or foreclosure.
By no means do you have to, or would I recommend that you move out of your house. Why? because it appears to me as if you are emotionally attached to it which is more than understandable. As long as you are compliant, willing and forthright with the short sale process (or otherwise), I wouldn't require a homeowner to vacate. Here are reasons whyt it could be better to do so:
1. It will be easier for you to qualify for a rental somewhere else before your credit does become adversely affected by becoming late (if that is what is ultimately going to happen)
2. The bank looks at vacant properties different than ones that are occupied. They begin to worry about vandals, vagrants, home issues such as water leaks, etc, etc. It "can" make a short sale more readily accepted but I don't see a difference on deals I work that are vacant or occupied that makes a huge discrepancy of one over the other.
3. You can move out of your house whenever you want for whatever reason.
Should you want to speak to an attorney, I would suggest it though many times they can make the situation all the more confusing.
Here are some more suggestions for you:
1. Maybe work with a loan modification company and see if they are able to get a loan mod. reconveyance, restructuring done for you. Be wary of who you use though as many, many are fraudulent. I always recommend this step to individuals in your situation as a first step.
2. FInd someone who is willing to buy your property through a short sale, maybe even list it with a real estate agent
SO, ultimately, there are options for you out there.
Hope this helps.