You'll need to sign in or create an account to connect with an expert.
The mortgage doesn't have to be recorded as long as it's with family.
I know you want to believe that, but there is no exception in Sec. 163 of the statute for family debt. While someone at the IRS may have told you that, they aren't even familiar with their own publications. The IRS' Publication 936 (on Home Mortgage Interest) describes the requirement for secured debt as follows (note there is no exception for family debt):
"Secured DebtYou can deduct your home mortgage interest only if your mortgage is a secured debt. A secured debt is one in which you sign an instrument (such as a mortgage, deed of trust, or land contract) that (underlining supplied):
Makes your ownership in a qualified home security for payment of the debt,
Provides, in case of default, that your home could satisfy the debt, and
Is recorded or is otherwise perfected under any state or local law that applies.
In other words, your mortgage is a secured debt if you put your home up as collateral to protect the interests of the lender. If you cannot pay the debt, your home can then serve as payment to the lender to satisfy (pay) the debt. In this publication, mortgage will refer to secured debt.
Publication 936 is here: https://www.irs.gov/publications/p936/ar02.html#en_US_2016_publink1000229894
It looks like you can. When you declare the new lender, there's an option to declare that the seller is furnishing the loan and they didn't issue a 1098.
Checking that then leads you to supplying their information which includes a SSN or EIN. I assume to verify against that persons' tax records.
Please also note that it has to be mortgage. Mortgage interest is interest on a loan secured by a recorded mortgage that is a formal lien on the property. Interest on an unrecorded loan is not deductible.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
jeannieb82
New Member
rfphilli1040
New Member
afrystak89
Level 1
kashyapvijay
Level 2
mpruitt71
New Member