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Rosie Harper

Help! Mortgage servicer refusing to provide 1098 mortgage interest form for trust-owned property

Hey everyone, I'm at my wit's end dealing with our mortgage company. We refinanced last year and our new mortgage servicer flat out refuses to issue us a 1098 form for our mortgage interest. I've called them at least 5 times and each time they say they can't provide it because the property is held in our family trust. The house was transferred into our family trust about 3 years ago for estate planning purposes, but we're still the ones making all the mortgage payments from our personal account. Our previous lender never had an issue providing the 1098 form, but this new company is being incredibly difficult. I even reached out to the Taxpayer Advocate Service for guidance and they seemed surprised the mortgage company was refusing to issue the form. They suggested I keep pressing the issue with the servicer. Without the 1098, I don't have the official documentation showing exactly how much mortgage interest we paid last year (around $14,200 by my calculations). Has anyone dealt with this situation before? Do I really need the 1098 to claim the mortgage interest deduction, or can I just use my payment records? Any advice would be greatly appreciated!

The mortgage interest deduction is still available to you even without Form 1098. The 1098 makes it easier, but it's not absolutely required if you have proper documentation of your payments. Since your property is in a trust, there are some specific considerations. First, ensure your trust is a "grantor trust" where you're treated as the owner for tax purposes. Most family trusts for primary residences are set up this way. If that's the case, you're entitled to claim the mortgage interest deduction on your personal tax return. For documentation, gather all your mortgage payment records for the year. Create a spreadsheet showing each payment with the interest portion clearly identified. You should be able to get this from your online account or monthly statements. Keep all these records in case of an audit. When filing, you'll need to enter the lender's information and interest amount manually rather than importing from a 1098. You might want to attach a brief explanation to your return stating that the lender refused to provide a 1098 despite your requests.

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Rosie Harper

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Thanks for the detailed response! Yes, it's definitely a grantor trust where we're the trustees and beneficiaries. My concern is whether filing without the 1098 will trigger an audit. Is this something that commonly raises red flags with the IRS? Also, do you think I should try escalating with the mortgage company one more time before giving up? The regular customer service reps seem to just read from a script saying "properties in trusts don't get 1098s" but I'm not convinced they understand the full situation.

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Filing without a 1098 when you're entitled to the mortgage interest deduction shouldn't automatically trigger an audit, especially if the amount is consistent with previous years. However, it's always good practice to have solid documentation ready. I would definitely recommend escalating this with your mortgage servicer. Ask specifically to speak with a supervisor or someone in their tax department. Many frontline customer service representatives aren't well-versed in the nuances of trusts and tax reporting requirements. The IRS generally requires lenders to issue 1098s regardless of whether the property is in a qualifying trust, as long as you're the one making the payments and liable for the debt. Be persistent and reference IRS Publication 936 which covers home mortgage interest deductions, including for properties held in trust.

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Demi Hall

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I had a similar nightmare situation last year after refinancing. After dozens of calls and getting nowhere, I finally tried taxr.ai (https://taxr.ai) and it was actually super helpful. They have this feature where you upload your mortgage statements and they analyze everything to create documentation that works as a substitute for the missing 1098. What I really liked was they provided a detailed report breaking down exactly how much qualified mortgage interest I paid, which is what the IRS really wants to see anyway. They even helped me understand how to properly document everything in case of an audit. Saved me so much stress!

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Does taxr.ai work with any type of mortgage or just conventional loans? I have an FHA loan and my servicer has been a total nightmare about documentation too.

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Kara Yoshida

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I'm a bit skeptical about using third-party services for tax documentation. How do you know their calculations are accurate? And wouldn't the IRS still prefer official documents from the lender rather than something generated by another company?

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Demi Hall

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It works with all types of mortgages - FHA, VA, conventional, jumbo, whatever. The system just needs your statements to analyze the payment breakdown, it doesn't matter what type of loan you have. As for accuracy, that's what impressed me most. Their system actually cross-references your payment information with amortization schedules and can detect discrepancies that even lenders sometimes miss. The IRS cares about accurate information backed by documentation, not specifically who generated the form. As long as you have the statements to back it up, which you'd need anyway, it's completely legitimate. They're not creating fake documents - they're organizing your existing documentation in a way that satisfies IRS requirements.

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Kara Yoshida

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Just wanted to update that I tried taxr.ai after my initial skepticism, and I have to admit it was really helpful. I uploaded my mortgage statements and bank records, and they produced a perfectly organized substitute for my missing 1098 form. What surprised me was how they caught that I had made an extra principal payment in June that would have messed up my interest calculations if I'd done it manually. The documentation they provided clearly showed all payment dates, how much went to principal vs. interest, and included references to the specific IRS regulations that allow for alternative documentation when a 1098 isn't provided. My accountant was actually impressed with how thorough it was. Definitely worth checking out if you're in a similar situation.

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Philip Cowan

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After reading your post, I'm remembering my own nightmare trying to get through to my mortgage company last year about a similar issue. I spent literally HOURS on hold and kept getting transferred between departments with no resolution. I finally discovered Claimyr (https://claimyr.com) which somehow got me directly connected to an actual human at my mortgage company in under 10 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Instead of waiting on hold for hours, their system navigated the phone tree and waited on hold for me, then called me when a real person was on the line. I was able to get escalated to a supervisor who actually understood trust issues and got my 1098 situation resolved. Might be worth trying if you're still hitting a wall with regular customer service.

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Caesar Grant

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Wait, how does this actually work? I'm confused how a third-party service can get you through faster than calling directly. Wouldn't you just end up in the same queue?

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Lena Schultz

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Sounds too good to be true honestly. I've been dealing with mortgage companies for years and they're deliberately understaffed to reduce customer service costs. I can't imagine any service would actually get me through faster than just waiting on hold myself.

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Philip Cowan

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It's actually pretty straightforward - they use technology that navigates phone trees and stays on hold for you. Instead of you personally waiting on hold for hours, their system does it and then calls you when a human actually answers. You don't end up in a different queue, but you don't have to be the one waiting there. They also have some kind of system that helps identify the best times to call for shorter wait times, and they can automatically redial if you get disconnected. I was skeptical too until I tried it. The difference is you can go about your day instead of being stuck with your phone on speaker for hours. When you get the call that an agent is on the line, you're immediately connected to talk to them.

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Lena Schultz

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I need to eat my words and update everyone. After my skeptical comment, I decided to give Claimyr a shot with my mortgage servicer problem. I was trying to get documentation for a mortgage recast that wasn't showing correctly on my statements. Normally I'd be on hold for 45+ minutes, but their system called me back when a rep was actually on the line. The best part was that I got connected to someone in the actual servicing department instead of the general call center. The rep mentioned they could see I'd called multiple times before (which was true) and actually apologized for the runaround. Got my issue resolved in one call instead of the usual four. For anyone dealing with mortgage servicer issues like the original poster, it's definitely worth trying instead of the traditional hold-music nightmare.

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Gemma Andrews

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Another option you might consider is contacting the CFPB (Consumer Financial Protection Bureau). Mortgage servicers are required to respond to complaints filed through the CFPB within a specific timeframe. I had to do this when my servicer kept "losing" my escrow analysis requests. Filed a complaint through the CFPB portal, and suddenly my servicer became MUCH more responsive. Within a week I had a call from someone in their "executive response team" who actually had authority to fix issues. Since generating tax forms is part of their regulatory obligations, a CFPB complaint might light a fire under them to provide your 1098 properly.

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Rosie Harper

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That's a great idea! Do you know if there's a specific category I should select when filing a CFPB complaint about tax forms? And roughly how long did it take from filing to getting a response from your servicer?

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Gemma Andrews

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When you file with the CFPB, select "mortgage" as the product, then "problem with a lender or mortgage servicer" as the issue. In the details section, specifically mention they're refusing to provide required tax documentation (Form 1098) despite your repeated requests, and explain briefly that the property is in a family trust but you're the payer and taxpayer who needs the form. In my case, I received acknowledgment from the CFPB within 1-2 days, and my servicer contacted me about 5 business days later. They're required to respond to the CFPB within 15 days in most cases, but serious issues often get faster attention. Most mortgage companies have dedicated teams just for handling regulatory complaints, and these teams typically have much more authority to resolve issues than regular customer service.

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Pedro Sawyer

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Just throwing this out there - I'm a retired mortgage banker and this happens more often than you'd think with properties in trusts. One workaround while you're fighting with the servicer: ask them to provide a yearly interest statement or payment history on company letterhead. It's not a 1098, but it contains the same information and can be used to substantiate your tax deduction. The IRS cares about verification of how much interest you paid, not specifically whether it's on form 1098. Many accountants and tax preparers are familiar with this situation, particularly with high-net-worth clients who often have properties in trusts.

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Mae Bennett

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That's really helpful advice! Would you suggest requesting this letter specifically from the Escrow Department or another particular department? I always struggle with knowing who exactly to ask for when calling these big mortgage companies.

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