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Documented Mortgage Loan willl not be paid

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    Documented Mortgage Loan willl not be paid

    Taxpayer (not in the business of lending money) lent another individual 48K and had a mortgage note (1 yr @ 6% interest) recorded at the county courthouse in 2017. Apparently, the 1st lienholder (the bank) is foreclosing on the property. Is there a potential capital loss for any monies not recovered after all is said & done on the taxpayer's Sch D? Not sure about this one, looking for other opinions.

    Robin

    #2
    Originally posted by Rlmea View Post
    Taxpayer (not in the business of lending money) lent another individual 48K and had a mortgage note (1 yr @ 6% interest) recorded at the county courthouse in 2017. Apparently, the 1st lienholder (the bank) is foreclosing on the property. Is there a potential capital loss for any monies not recovered after all is said & done on the taxpayer's Sch D? Not sure about this one, looking for other opinions.

    Robin
    when you say, ...."Taxpayer (not in the business of lending money)", reference TTB 8-5 and IRS pub 550 section covering non business bad debt to see if applicable to your scenario and if so, see what and how to report.
    Always cite your source for support to defend your opinion

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