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June 5, 2019
Question

Can my father, who took out an LMA loan for me to purchase a home claim the interest?

  • June 5, 2019
  • 3 replies
  • 0 views

My father took out an LMA loan for me to purchase a home. It is not his residency, it is mine. The loan is under his name. My name is on deed, I have paid the interest on this loan. Will he be able to claim the interest or can I claim it?

    3 replies

    Employee
    June 5, 2019
    Do you mean a Loan Management Account that is a secured line of credit that uses securities, such as stocks and bonds, as collateral? Or is the loan secured by the home itself?
    Employee
    June 5, 2019
    If the the loan isn’t backed by the house, no one gets a mortgage interest deduction.
    Employee
    June 5, 2019

    To be deductible as mortgage interest, 

    1. the borrower must own the home

    2. the borrower must pay the interest

    3. the loan must be secured by the home -- in real estate terms, it must be "perfected", usually by recording as a lien against the property with the county clerk so that the home itself is at risk of foreclosure if there was a problem with the payments.

    Your arrangement fails at least 2 of these conditions, so neither of you can deduct the interest.

    Employee
    June 5, 2019
    And this sounds like a Margin Loan to me, which is risky, since it can be called to cover shortfalls in the securities.