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    barista131's Avatar
    barista131 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 18, 2009, 09:11 AM
    Real Estate Contract and tax benefits
    I am about to sell my property via Real Estate Contract. It is my understanding that even though I am ultimately the responsible party for the mortgage, the buyer will actually benefit in writing off the interest on the loan. Is this the case? I guess the simple question is: Who gets to write off the interest on the mortgage, the buyer or the seller, when a Real Estate Contract is the method of sale?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 18, 2009, 12:09 PM

    Whoever's name the original mortgage is in gets the write off as they will be getting the interest payment info for tax filing purposes. Why would you think you wouldn't get this?
    barista131's Avatar
    barista131 Posts: 2, Reputation: 1
    New Member
     
    #3

    Jan 18, 2009, 02:16 PM
    A friend who helped me sell the property with the Real Estate Contract told me that was the case. I was unsure that is why I asked the question
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Jan 18, 2009, 02:33 PM

    Basically the land contract sale only benefits the seller and not the buyer as the buyer does not have a mortgage but a contract.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #5

    Jan 20, 2009, 08:52 AM
    I believe there is some confusion here.

    The interest that the buyer gets to claim, regardless of who actually pays the interest, is the discount points on the mortgage loan itself.

    In any other case, the mortgage interest goes to the person who has title to the land and who has the legal obligation to pay the mortgage.

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