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I am on the deed (as associate) but not on the loan/mortgage can I claim the interest on my tax refund?



I am on the deed (as associate as stated on the county clerk recorder) but not on the loan/mortgage I occupy the property, pay property tax and the mortgage as well with my personal check. Can I say that I own the property and can claim the interest on my tax refund?

I agree with Kathy R. One thing that I would do is sign a simple agreement with the person whose name is on the mortgage that states that you are legally responsible for the mortgage and entitled to claim the interest deduction. You can take the interest deduction even if you don't get a 1098 -- report the interest you paid on line 11 of Sch A (instead of line 10) and include an explanation with your return that identifies your ownership of the house and the existence of the agreement.
If you are not listed on the mortgage then you cannot claim the interest. It's like you are the tenant, if you pay the taxes and have the receipts, then those can be included in your taxes.
Owner of 23 rental properties
If I were you I would take the deduction. By a strict intertretation of the IRS tax rules if you are not legally required to pay the mortage payments but do so anyway you can not take the deduction. In court cases; however, the tax court has ruled that if you pay the mortgage and have an interest in the property then you can claim the deduction. It is your call but I would sleep easy at night taking the deduction.
Own tax business.
If you dont receive a Form 1099-INT from the mortgage holder, your income tax return would kick out because your SSN wouldn't match the lender's records.
IRS agent. What is your address:
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