Subject 2 Tax Question

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In a subject 2 situation, how can I get the tax benefit ? If I have a seller deed his property into a land trust where I am the benificiary, how do I get the tax benefit if his name is still on the mortgage. As I understand it, I will receive a 1098 from his lender with his name on it. I know I have seen a post or two on this topic but I remember seeing several different answers. I would appreciate your expertise.

Comments(3)

  • moveitnow29th August, 2004

    I am sure John Locke will answer this better, but the answer I have seen is it doesn't matter who owns the mortgage, it's who pays it. If you are paying the mortgage, it's your deduction.

    So, if you sell it on a CFD, your buyer gets the deduction, since he is paying you and you're paying the original seller's mortgage.

    BTW: if the seller claimed the deduction while you were making payments on the mortgage, that's tax fraud. So make sure your seller knows they cannot take the deduction.

    Good luck

    Peter

  • JohnLocke29th August, 2004

    coaster,

    Glad to meet you.

    What are you planning on doing with the property if you purchase it using the Subject To Method?

    John $Cash$ Locke

    PS: Peter you did a good job in explaining it, I am interested in his exit strategy.[ Edited by JohnLocke on Date 08/29/2004 ]

  • coaster29th August, 2004

    Hello John.
    Lease option for 12-18 months is the plan. To be able to deduct the interest, is their a problem if the 1098 that will be sent to me has his name on it if I plan on keeping the property for up to 18 months. Tnanks

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