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You need to talk to an accountant regarding this, but a lot of accountants aren't upto speed on this due to the law just going into affect.
Since your wife likely deducted mortgage interest within the past 3 years, she is not qualified. It has been explained to me by a mortgage lender that what they are looking at as qualification is if you've deducted mortgage interest in the past 3 years as the test for if you've qualified. If you file jointly, then you would be disqualified too, at least thats what has been explained to me.
There is a lot of confusion regarding this as the law has just been passed and everyone is still trying to digest the changes. You will need to talk with a accountant regarding this, as it's really a tax question, not a real estate question.
Sat Feb 21 2009, 08:50