Reach out to Catherine Purcell a former realtor and current mortgage consultant.
FAIRWAY INDEPENDENT MORTGAGE CORPORATION
Contact: Catherine Purcell
It is not just about the mortgage, it is about title. If you are taking title only in your name and make less than 75k/yr (it phases out above 75k for individuals), then most likely yes you can receive the credit, but you need to by before 11/30/09.
All the info is here and the IRS decides who qualifies and who doesn't.
Tax form you would have to fill out .... http://www.irs.gov/pub/irs-pdf/f5405.pdf