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When a friend or family member generously decides to give you a substantial sum of money, commonly for the purpose of making a down payment on a home, the lender often needs more than just your word that the funds are indeed a gift and not a loan. This is where the Gift Letter form plays a crucial role. This document is a straightforward declaration from the donor that specifies the amount of the gift, confirms that it is indeed a gift without any expectation of repayment, and sometimes must state the relationship between the donor and the recipient. It serves as a legal clarification for financial institutions, ensuring that the gift does not secretly burden the recipient with additional debt, thereby affecting their loan eligibility. The precise requirements for a Gift Letter can vary by lender, but its significance in the mortgage application process cannot be overstated, as it fulfills a requirement for underwriting by providing a clear paper trail of the funds' origins. By understanding the major aspects of the Gift Letter form — from its purpose, required content, to its impact on the mortgage approval process — potential homebuyers can navigate their path to homeownership with one less hurdle.

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GIFT LETTER

Applicant(s):

Loan Number:

I,

 

 

, do hereby certify the following:

 

(Donor)

 

 

 

(1) I have made a gift of $

 

to

 

 

 

(Amount)

 

 

(Recipient)

 

Whose relationship is:

 

 

 

 

 

 

(Relationship)

 

 

 

(2) This gift is to be applied toward the purchase of the property located at:

(Property Address)

(3)No repayment of the gift is expected or implied in the form of cash or by future services of the recipient.

(4)The funds given to the homebuyer were not made available to the donor from any person or entity with an interest in the sale of the property including the seller, real estate agent or broker, builder, loan officer, or any entity associated with them.

(5)The source of this gift is:

(Source)

Donor Signature

Date

Borrower Signature

 

 

 

 

Donor Name (Print or Type)

 

 

Borrower Signature

 

 

 

 

Donor Address

 

 

 

(

)

 

 

 

Donor Phone Number

WARNING: Our signatures above indicate that we fully understand that it is a Federal Crime punishable by fine, imprisonment, or both to knowingly make any false statement concerning any of the above facts as applicable under the provision of Title 18, United States Code, Section 1012 and 1014.

Attachments:

1.Evidence of Donor's Ability to Provide Funds.

2.Evidence of Receipt of Transfer of Funds.

Calyx Form - giftlttr.frm (05/02)

File Attributes

Fact Name Description
Purpose of the Gift Letter The Gift Letter form is used to verify that funds received by a homebuyer from a relative or friend are indeed a gift and not a loan that needs to be repaid. This helps lenders ensure that borrowers are not taking on undisclosed debt to cover their down payment or closing costs.
Contents of the Form Typically, a Gift Letter must include the donor's name, relationship to the recipient, the gift amount, the date of the gift, a statement that no repayment is expected, and signatures from both the donor and recipient.
Importance for Mortgage Approval Lenders often request a Gift Letter to confirm that a portion of the funds used in the home purchase is indeed a gift. This helps in assessing the borrower's true financial situation and loan eligibility without considering the gifted amount as an outstanding debt.
Governing Law(s) While the use of a Gift Letter is a common requirement across various states for mortgage purposes, the specifics can vary slightly. Federal mortgage agencies like FHA, VA, and conventional loans under Fannie Mae and Freddie Mac have specific guidelines, but there is no single federal law governing Gift Letters. Instead, they must comply with the lender's requirements and any applicable state laws.
State-Specific Differences In some states, additional documentation may be required alongside the Gift Letter for mortgage applications. These requirements can include bank statements from the donor to prove the gift's source or other legal documents. Each state may have its variations, so it's important to check local laws and lender guidelines.

How to Fill Out Gift Letter

Completing a Gift Letter form is a crucial step for individuals planning to provide substantial financial support to another individual, typically in the context of buying a home. This document serves to clarify the nature of the funds being provided, ensuring lenders understand that the money is a gift and not a loan that requires repayment. By articulating the intentions behind the contribution, both the giver and the recipient can avoid potential misunderstandings or complications with financial institutions regarding the source of the funds. The process is straightforward but requires attention to detail to ensure all the necessary information is accurately conveyed.

  1. Begin by entering the date at the top of the form. This should be the current date on which you are filling out the document.
  2. Next, indicate the donor's (giver's) full name, establishing the identity of the individual providing the gift.
  3. Specify the recipient's full name, clearly identifying the individual who is receiving the gift.
  4. Enter the relationship between the donor and the recipient, such as parent, grandparent, or family friend. This helps contextualize the financial support being provided.
  5. Detail the exact amount of the gift in dollars, ensuring both parties and any involved financial institutions are clear on the sum being transferred.
  6. Include the address of the property that the gift will be put towards, if applicable. This is particularly relevant in instances where the funds are being used to assist with the purchase of a home.
  7. State that there is no expectation of repayment. It is essential to distinctly assert that the funds are being given freely, with no obligation for the recipient to return the money.
  8. The donor must then sign and date the form at the bottom. This serves as a formal acknowledgment of the gift and the terms surrounding it.

Once completed, the Gift Letter should be retained with personal financial records and provided to lending institutions as required during loan approval processes or financial assessments. It stands as a testament to the nature of the transaction, potentially facilitating smoother financial operations for all parties involved.

Frequently Asked Questions

What is a Gift Letter?

A Gift Letter is a document that verifies money or any item of significant value given to someone without the expectation of repayment. This letter is often used by lenders to confirm that a sum of money received by a borrower is indeed a gift and not a loan that requires repayment.

Who needs to sign the Gift Letter?

The person giving the gift (the donor) needs to sign the Gift Letter. In some cases, the recipient of the gift (the donee) may also be required to sign the letter, depending on the lender’s requirements or the circumstances surrounding the gift.

What information needs to be included in a Gift Letter?

A comprehensive Gift Letter should include the following information:

  • The full name and relationship of the donor to the recipient.
  • The exact amount of the gift or a description of the item being given.
  • A statement clarifying that the gift is not a loan and does not need to be repaid.
  • The date the gift was or will be given.
  • Relevant contact information for the donor.
  • The donor's signature and possibly the recipient's, depending on the requirements.

Is a Gift Letter legally binding?

Yes, a Gift Letter can serve as a legally binding document that confirms the intention of the donation as a gift. It's crucial for both parties to understand that by signing, the donor agrees there is no obligation for the recipient to repay the amount or value of the gift.

When should a Gift Letter be used?

A Gift Letter should be used in any situation where a significant amount of money or an item of value is being given and it's important to clarify that the transfer is a gift, not a loan. Common occasions include:

  1. Helping a family member with a down payment for a home purchase.
  2. Providing financial support to a friend or family member for an important life event, like a wedding or the birth of a child.
  3. Transferring ownership of a valuable item to someone else without expecting anything in return.

Common mistakes

When individuals fill out a Gift Letter form, it is meant to provide clarity and legal documentation for financial gifts, especially in scenarios like helping with a home purchase. However, common mistakes can complicate what should be a straightforward process, potentially leading to delays or questioning from lenders.

One significant error is not being clear about the nature of the gift. The letter must explicitly state that the money given is indeed a gift and not a loan. This distinction is crucial because loans imply an expectation of repayment, which can affect the recipient's debt-to-income ratio, a critical factor lenders evaluate.

Another common pitfall is not specifying the amount. A precise figure is essential. Vagueness or estimations can lead to misunderstandings or suspicion from financial institutions about the source of the funds. It is also necessary to clearly identify the donor and the recipient, including their relationship. This information helps the lender understand the context of the gift and assess any potential obligations that might impact the borrower's financial situation.

Often, people forget to include the statement that no repayment is expected. This omission can raise red flags for lenders who might then classify the gift as a loan, affecting the approval process. For the letter to serve its purpose, it should unequivocally state that the donor does not expect any form of repayment.

Not dating the letter is another oversight. The date provides a timeline and helps the lender verify the transaction's relevance to the application at hand. In connection with this, failing to provide contact information for the donor is a mistake. Lenders may need to verify the gift, and lacking easy access to the donor can stall the process.

A crucial yet sometimes overlooked element is the signature of the donor. A signature legally binds the statement, giving it authenticity. Without it, the letter's credibility is significantly diminished. Additionally, failing to mention the relationship between the donor and the recipient can lead to questions about the gift's source and purpose. Lenders are particularly interested in the nature of this relationship to ensure there are no undisclosed financial obligations.

Another error is not specifying that the gift is for a particular purchase, like a home. This detail is vital because it assures the lender the funds are intended for a legitimate, specific investment, aligning with the loan's purpose. Finally, excluding the donor's financial information or proof of the gift's transfer can be problematic. While not always required, some lenders ask for this to ensure the donor has the financial capability to give the gift without indebting themselves, which could indirectly affect the borrower's financial stability.

In summary, when filling out a Gift Letter form, attention to detail is paramount. A well-documented letter clarifies the gift's nature, amount, and purpose, smoothing the path for the recipient's financial transactions, most notably those involving lenders and housing purchases.

Documents used along the form

When a generous family member or friend decides to give you a gift towards a significant purchase like a home, it's a moment of gratitude and excitement. However, in the eyes of lenders and legal entities, the expression of generosity is not just a simple transfer of funds. It necessitates proper documentation to ensure that the gift does not suddenly transform into an unexpected loan in the future. A Gift Letter form is central to this process, providing a clear statement that the funds are indeed a gift with no expectation of repayment. Accompanying this pivotal document, several other forms and documents often come into play, making the gift's journey from one bank account to another both legal and transparent.

  • Promissory Note: In contrast to the gift letter, which clarifies the absence of an obligation to repay, a promissory note is used when there's an agreement to pay back the money. This document outlines the terms of repayment, interest rates, and the schedule of payments between the parties involved.
  • Mortgage Application: When the gift letter is used in the context of purchasing a home, the mortgage application becomes an essential accompaniment. It provides the lender with detailed information about the borrower's financial status, including the gift funds, ensuring that the borrower qualifies for the loan.
  • Bank Statements: To substantiate the existence of the gift funds, recipients are often required to provide recent bank statements. These documents offer a snapshot of the recipient's financial health and confirm the transfer of the gift amount into their account.
  • Closing Disclosure: For home purchases, the Closing Disclosure is a critical document that outlines the final terms of the loan, closing costs, and the specifics of the transaction. It provides transparency and ensures both the lender and the borrower are on the same page before finalizing the purchase.
  • Proof of Transfer: This can include bank receipts, wire transfer documents, or cheque copies, providing clear evidence that the gift funds have successfully moved from the giver to the recipient. This documentation is crucial for clarifying that the funds are available and legitimately transferred for the intended purpose.

Navigating the financial aspects of receiving a generous gift involves more than heartfelt thanks; it requires a series of well-documented steps to ensure everything is above board. By combining the Gift Letter form with these additional documents, the path towards utilizing a significant financial gift becomes clearer, legally sound, and aligned with the requirements of financial institutions and other authorities. Whether it's contributing towards the down payment on a new home or another significant purchase, the thorough documentation of such a transaction helps protect the interests of all parties involved.

Similar forms

The Affidavit of Gift shares similarities with the Gift Letter form as they both are documentary proofs of a gift's transfer from one party to another without any expectation of payment. While an Affidavit of Gift is a legal declaration under oath that an item or property was given as a gift, the Gift Letter form documents the transfer of money or property from a donor to a recipient, often for specific purposes like contributing towards a home purchase. Both documents serve to clarify the nature of the transaction to relevant parties, such as financial institutions or tax authorities, thereby preventing misunderstandings regarding the transfer's intention.

Similarly, the Promissory Note parallels the Gift Letter form in that both involve the transfer of value. However, unlike the Gift Letter, which confirms the transfer of value as a gift with no expectation of repayment, a Promissory Note details the terms under which one party promises to pay another a defined sum of money, either upon demand or at a specified future date. Both documents are important for providing clear evidence of the agreement terms between the parties involved but diverge in their fundamental purpose of either delineating a gift versus a loan.

A Declaration of Trust also bears resemblance to the Gift Letter form in the context of property transfers. This document outlines the arrangements made regarding the ownership of a property or assets held in trust, specifying who owns what share. When property is purchased with the aid of funds gifted from another party, a Gift Letter form can be used alongside a Declaration of Trust to demonstrate that the contribution was indeed a gift, not a loan, and to clarify any ownership stakes. Both documents are essential in legally defining the terms of property ownership and financial contributions.

The Mortgage Gift Letter is another document closely related to the generic Gift Letter form, specifically in the real estate sector. Both documents are used to prove that funds given towards the purchase of a property are a gift and not a loan, an important distinction for mortgage lenders assessing the buyer’s financial solvency and debt levels. The Mortgage Gift Letter, however, is more specific in its application to the down payment on a property, sometimes including additional details to satisfy lender requirements, such as the donor's relationship to the recipient and confirmation that no repayment is expected.

Dos and Don'ts

When filling out a Gift Letter form, which is crucial in many financial transactions, especially when it involves receiving a sum of money from a family member or friend for a home purchase, it's important to proceed with caution and clarity. Here are five things you should do and five things you shouldn't do to ensure the process goes smoothly:

What You Should Do:

  1. Clearly identify the donor and recipient. Make sure the names, addresses, and relationship between the donor and recipient are accurately and fully stated.
  2. Specify the amount of gift. The exact amount of money given as a gift should be clearly mentioned in the letter.
  3. State the purpose of the gift. It's important to clarify that the funds will be used for something specific, like a down payment on a house.
  4. Include a statement of no repayment. The letter must explicitly state that the gift is indeed a gift and not a loan, meaning there is no expectation of repayment.
  5. Have the donor sign the letter. The letter must be signed by the donor to validate its authenticity.

What You Shouldn't Do:

  1. Leave out personal information. Failing to include complete personal details of both the donor and the recipient can lead to unnecessary complications.
  2. Forget to mention the relationship between the donor and recipient. This information is crucial for legal and tax purposes.
  3. Omit the date of gift. The exact date when the gift was made should always be included in the letter.
  4. Indicate any terms of repayment. Suggesting that the gift might need to be repaid can classify it as a loan in the eyes of the lender or legal authorities.
  5. Submit without a signature. An unsigned letter is often considered invalid, making it important that the donor signs the document.

Misconceptions

When individuals seek to navigate the terrain of transferring funds for the purchase of a home or other large expenses, they may encounter the concept of a Gift Letter. Misunderstandings about this document can complicate what is often a well-intentioned process. Below, we debunk several common misconceptions.

  • Gift Letters are only necessary for real estate transactions. While it's true that they're commonly used when someone receives financial help to buy a house, gift letters may also be needed for other large gifts that could affect financial assessments or tax responsibilities.

  • Any form of written note qualifies as a Gift Letter. A valid Gift Letter must satisfy specific criteria set forth by the lender or relevant authority. It typically includes the donor's name, relationship, amount of the gift, and a statement that repayment is not expected.

  • Gift Letters eliminate the need to pay taxes on gifted amounts. The purpose of a gift letter is to clarify that the money is a gift, not a loan. Whether taxes are due on the gifted amount depends on current tax laws, including gift tax exemptions and requirements.

  • Only the recipient needs to sign the Gift Letter. Actually, it's the donor who must sign the letter to affirm that the funds are a gift. In some cases, lenders might also require the recipient's signature for additional verification.

  • The donor is legally obligated to give the promised amount once the Gift Letter is signed. Signing the letter does indicate the donor's intention, but unforeseen circumstances could prevent the transfer of funds. The letter itself does not legally bind the donor to follow through with the gift.

  • There’s a standard, one-size-fits-all template for Gift Letters. While there are common elements in most gift letters, the precise requirements may vary by lender or depending on the legal jurisdiction. It's important to use a template that meets specific requirements.

  • Gift Letters can only be used for monetary gifts. Though monetary gifts are the most common use for gift letters, they can also be utilized when valuable items (with a clear monetary value) are given, provided it meets the lender’s or authority’s criteria.

  • Once a Gift Letter is submitted, it cannot be questioned or verified by a lender. Lenders have the right and responsibility to verify the authenticity of a gift letter. This may include confirming that the donor has the means to make the gift and ensuring the gift doesn't come with expectations of repayment.

Understanding the nuances of Gift Letters can make the process smoother for both donors and recipients. When in doubt, individuals should consult with a professional to ensure compliance with the specific requirements of their situation.

Key takeaways

When it comes to providing financial gifts, particularly for helping loved ones with significant purchases like a home, the Gift Letter form plays a crucial role. Understanding its importance, filling it out correctly, and using it properly can help both the giver and receiver navigate financial and legal implications. Below are ten key takeaways to consider.

  • Completeness is crucial. Ensure that every required field on the Gift Letter form is accurately filled out. Missing information can lead to delays or complications in the recipient's transaction.
  • Details matter. Specify the exact amount of the gift, the date it was given, and clearly identify the donor and the recipient. These details are vital for financial institutions to process the gift correctly.
  • State the relationship. Clearly indicating the relationship between the giver and the recipient helps in meeting the compliance requirements set forth by lenders or legal entities.
  • Clarify no expected repayment. The Gift Letter must explicitly state that the gift is not a loan and there is no expectation of repayment. This is a critical aspect that lenders look for to distinguish gifts from loans.
  • Include relevant financial account information. For transparency and to satisfy lender requirements, it may be necessary to provide details of the financial account from which the gift is being made.
  • Be aware of tax implications. Both donors and recipients should understand the potential tax implications of the gift. In some cases, a gift might require tax reporting or incur tax liabilities.
  • Verification by a third party may be required. Lenders or legal entities might require a notary or other independent party to verify the Gift Letter to ensure its authenticity.
  • Keep a copy for your records. Both the giver and the receiver should keep a copy of the completed Gift Letter. This document can be important for future financial, legal, or tax matters.
  • Understand lender policies. If the gift is for assisting with a purchase like a home, it’s important to know that lenders have specific policies regarding gifts. Ensure the Gift Letter meets these policies to avoid impacting the approval process.
  • Consult with experts if unsure. If there are any uncertainties about how to properly fill out or use the Gift Letter, seeking advice from financial or legal professionals can prevent potential issues.

Correctly utilizing the Gift Letter form ensures that financial gifts are given and received as intended, with clear expectations and without unintended consequences. Both donors and recipients benefit from being informed and attentive to the form’s requirements and the broader financial and legal context.

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