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Subject:  Re: Mortgage interest deduction Date:  4/10/2013  6:32 AM
Author:  TMFPMarti Number:  118352 of 127613

My wife and I area borrowing money from my parents. We've had an attorney draw up a loan documented, which includes the following clause:

As security to ensure prompt payment of this Note, Maker shall grant a second priority security interest encumbering the real property known as [address name].

Does this make the interest deductible? There will be no documents filed with the registry of deeds / land court

According to Pub 936 the encumbrance must be recorded, so IMO this doesn't work.

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