This is where most family loans fail. IRS Publication 936 requires a “secured debt”: you sign an instrument that makes your ownership in the home security for the loan, and that instrument is “recorded or is otherwise perfected under any state or local law.” In practice that means a mortgage or deed of trust, filed with the county recorder. A handshake, an email, or even a signed promissory note on its own does not qualify.
Your main home plus one second home qualify. A qualified home can be a house, condominium, co-op, mobile home, or even a boat, as long as it has sleeping, cooking, and toilet facilities. A rental property is a different set of rules.
You must be liable on the loan and actually pay the interest. Interest the lender waives or forgives was never paid, so it isn’t deductible, and the forgiven amount may count as a gift from the lender.
Mortgage interest is an itemized deduction. It only helps if your itemized deductions add up to more than your standard deduction, which is worth checking with your tax preparer before you count on the savings.
Because a family lender usually isn’t required to send you a Form 1098 (see who sends the 1098), you report the interest on Schedule A, line 8b, “Home mortgage interest and points not reported to you on Form 1098.” If you bought the home from the person you’re paying, you must also show the seller’s name, address, and taxpayer identification number there and give the seller your Social Security number; each failure can cost a $50 penalty. If a relative lent you cash to buy from someone else, that rule doesn’t apply, but keep their details on file anyway.
Your lender reports the same interest as income. If the two numbers don’t match, neither return supports the other.
For loans taken out after December 15, 2017, you can deduct interest on up to $750,000 of debt used to buy, build, or substantially improve your home ($375,000 if married filing separately). The 2025 federal tax law made that cap permanent. Most family loans are well under it, but if you also have a bank mortgage, the limit applies to the combined total.
Our free check asks four quick questions about your note, your recording, your payments, and your rate, and shows where the gaps are. It takes about a minute.
Yes, if the loan is secured by your main or second home with a recorded mortgage or deed of trust, you’re legally obligated on it, you actually pay the interest, and you itemize deductions. Report it on Schedule A, line 8b. If your parents also sold you the home, list their name, address, and taxpayer ID there too.
No. A promissory note creates the debt, but for the mortgage interest deduction the debt must also be secured by the home through a mortgage or deed of trust that is recorded or otherwise perfected under state law.
Interest is deductible on up to $750,000 of home acquisition debt ($375,000 if married filing separately) for loans taken out after December 15, 2017. The 2025 tax law made that limit permanent.
The signed note, the recorded mortgage or deed of trust, proof of each payment (bank transfers are best), and a year-end interest statement that matches the amount your lender reports.
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Last reviewed October 2, 2026. This guide is general information, not tax or legal advice. Rules depend on your facts and your state; check with a tax professional and a real estate attorney before you act. Questions: help@paperitup.com