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oggiejax
New Member

Can I claim mortgage interest deduction even though the mortgage is under the deceased SSN?

 
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Vanessa
Level 3

Can I claim mortgage interest deduction even though the mortgage is under the deceased SSN?

If you are an owner of the property and are paying the mortgage then yes, you may claim the mortgage interest deduction. If you are not then No, you cannot. 

"Interest paid by the taxpayer on a mortgage upon real estate of which he is the legal or equitable owner, even though the taxpayer is not directly liable upon the bond or note secured by such mortgage, may be deducted as interest on his indebtedness." https://www.law.cornell.edu/cfr/text/26/1.163-1#b

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Vanessa
Level 3

Can I claim mortgage interest deduction even though the mortgage is under the deceased SSN?

If you are an owner of the property and are paying the mortgage then yes, you may claim the mortgage interest deduction. If you are not then No, you cannot. 

"Interest paid by the taxpayer on a mortgage upon real estate of which he is the legal or equitable owner, even though the taxpayer is not directly liable upon the bond or note secured by such mortgage, may be deducted as interest on his indebtedness." https://www.law.cornell.edu/cfr/text/26/1.163-1#b

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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