It is definitely not illegal to request the EIN or SSN for a seller-financed mortgage . The EIN/ITIN or SSN from the mortgage holder is required to be able to deduct mortgage interest. Your attorney is mistaken in this regard.
If there is not one available, you must show the IRS, as outlined above, that you made every attempt to get it and provide alternate information with your paper-filed return. A return without this required cannot be e-Filed, as the explanation as to why it is not available and the alternate identification cannot be attached.
If the loan interest is for a private loan that is not guaranteed by your main home, the personal interest paid is not deductible on an individual tax return.
@3554
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