09/29/2026
Fixed mortgage rates are now above 7%. More people are being priced out of the housing market or turning to riskier adjustable-rate mortgages.
Personal injury clients are in a unique position. They can use structured settlement proceeds to buy a new home and take advantage of two tax benefits.
How the Dual Tax Advantage Works
First, income payments generated from a personal injury structured settlement are 100% tax-free under IRS Code Section 104(a)(2).
Second, the interest paid on a primary mortgage throughout the year can still be claimed as an itemized tax deduction on federal returns using IRS Form 1098.
Dual Tax Advantage: A Real-World Example
A personal injury client nets a $1,405,707 settlement. He wants to buy a home in a nice area with good schools. Even with a $500,000 down payment from the settlement, he still can’t afford the high mortgage payments.
One option is for him to make the $500,000 down payment on the home and structure the remaining $905,707 in settlement proceeds to generate $5,000 per month in tax-free payments over the 30 years (internal rate of return: 5.36%). The money can then go towards the monthly mortgage payment for the life of the loan.
At the end of each year, the client’s mortgage lender provides an IRS 1098 tax form showing the amount of interest paid by the borrower. That amount is considered an itemized tax deduction on the client’s federal income taxes.
The client pays the mortgage with tax-free structured settlement proceeds and can then deduct the mortgage interest on his taxes. The deduction can be substantial and can significantly reduce the client’s overall tax liability.
Please feel free to visit the full post on our website or contact us to discuss mortgage-related and other structured settlement options.
Full Post: https://patrickfarber.com/structured-settlements-alert/home-buying-with-structured-settlement-proceeds/
Nick Schuetze | Structured Settlement Specialist
Patrick Farber | Structured Settlment Broker