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The Gift Letter form is a crucial document often utilized in real estate transactions, particularly when individuals are receiving financial assistance for the purchase of a home. This form typically serves to verify that funds provided by a family member or friend are indeed a gift and not a loan, which can significantly impact the mortgage application process. Key elements of the form include the donor's and recipient's information, the amount of the gift, and a clear statement affirming that the funds do not require repayment. Lenders frequently require this documentation to comply with underwriting guidelines. Proper completion of the Gift Letter form can facilitate smoother transactions and enhance the likelihood of loan approval. Understanding the requirements and implications of this form is essential for both donors and recipients engaged in home-buying activities.

Sample - Gift Letter Form

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 Specs

Fact Name Description
Definition A Gift Letter form is a document that confirms a monetary gift given from one party to another, typically used in real estate transactions.
Purpose The main purpose is to verify that the funds are indeed a gift and do not require repayment, which can affect mortgage approvals.
State Specifics In some states, like California, the use of the Gift Letter must comply with state lending laws regarding gift funds.
Requirements Most lenders require the Gift Letter to include the donor's name, address, relationship to the recipient, and the amount of the gift.

Gift Letter - Usage Guidelines

Completing the Gift Letter form is an essential step in the process of documenting a gift, typically for use in real estate transactions or loan applications. Following these simple steps will help ensure all information is accurately recorded, simplifying the process for both the giver and the recipient.

  1. Begin by entering the date at the top of the form. This is crucial for lending records.
  2. In the section for the giver of the gift, provide the full name of the person giving the gift.
  3. Next, input the giver’s address. This should include the street, city, state, and zip code.
  4. Then, clearly state the amount of the gift in the designated area. Ensure this figure is accurate.
  5. In the section describing the relationship between the giver and the recipient, specify how they are connected (e.g., parent, friend, etc.).
  6. Next, indicate if the gift is contingent on the recipient’s home purchase. Mark accordingly.
  7. Finally, have the giver sign and date the form to validate the information provided.

Once the Gift Letter form is complete, review all details for accuracy. It’s essential for the recipient to keep this document for lending purposes and potential future reference.

Your Questions, Answered

What is a Gift Letter form?

A Gift Letter form is a document that outlines a financial gift given to a borrower, typically to assist with a home purchase. This letter serves to clarify the nature of the gift, confirming that it does not need to be repaid. Lenders often require this form to ensure that the funds are indeed a gift and not a loan, as loans will affect a borrower's debt-to-income ratio. The form includes details about the donor, the amount gifted, and a statement affirming that the money is a gift, with no expectation of repayment.

Who needs to complete a Gift Letter form?

Anyone receiving a financial gift to help with a home purchase may need to complete a Gift Letter form. This includes first-time homebuyers who might be receiving assistance from family members or friends. In some cases, lenders will have specific requirements regarding the documentation of gifts. Therefore, if a borrower plans to use gifted funds as part of their down payment, both the donor and the recipient will typically need to fill out and sign the form to ensure clarity and compliance with lending policies.

What information is required on a Gift Letter form?

Generally, a Gift Letter form should include several key pieces of information. This includes the donor's name, address, and relationship to the borrower. It must also specify the amount of the gift and the date the funds were given. Additionally, the donor should declare that the funds do not require repayment, which helps the lender understand that the financial support is genuine and not a disguised loan. Some forms may also request identification details or proof of the financial gift.

How does a Gift Letter form impact the mortgage application process?

A Gift Letter form can play a crucial role in the mortgage application process. It assures lenders that the funds being used for a down payment are a legitimate gift, which can help borrowers qualify for loans. By confirming that the giver does not expect repayment, the form addresses the lender's concerns about the borrower's overall financial health. This can lead to a smoother approval process, potentially making it easier for individuals and families to secure financing for their homes.

Common mistakes

  1. Incomplete Information: Failing to provide all necessary details can lead to delays. Ensure that both the giver and receiver's names, addresses, and relevant financial information are filled out completely.

  2. Missing Signatures: A common oversight is neglecting to sign the letter. Both parties must sign the document for it to be valid.

  3. Incorrect Gift Amount: Double-check the amount being gifted. Errors in this section can create discrepancies in financial records and may raise questions.

  4. Improper Date Entry: Omitting the date or incorrectly inputting it can create complications. Always enter the correct date to avoid any confusion about when the gift was made.

  5. Failure to Include Purpose of the Gift: Not specifying the reason for the gift can lead to misunderstanding. Clearly state the purpose to provide context and clarity.

Documents used along the form

When someone gifts money or property, certain documents facilitate the process and ensure legal clarity. One of the most important is the Gift Letter form. However, there are other forms and documents that are often used in conjunction with it. Below is a list of these important documents.

  • Bank Statement: This document serves as proof of funds. A recent bank statement from the donor shows that the money is available and helps confirm the legitimacy of the gift.
  • Gift Tax Return (Form 709): In certain circumstances, the IRS requires individuals to file this form. It reports gifts above the annual exclusion amount and helps ensure compliance with tax laws.
  • Donor's Affidavit: This sworn statement from the donor clarifies the intent of the gift. It can provide additional reassurance regarding the nature of the transaction and the absence of repayment expectations.
  • Property Title Transfer Document: When the gift involves real estate, this document is necessary to officially transfer ownership from the donor to the recipient. It provides legal evidence of the change in ownership.
  • Closing Disclosure: For real estate transactions, this document summarizes the final terms of the loan and the closing costs. It is crucial for maintaining transparency throughout the gifting process.

Documenting a gift properly is essential. Each of these documents supports the intent behind the gift and provides necessary evidence, ensuring both the donor and recipient are protected under the law.

Similar forms

A Gift Letter form is quite similar to a Loan Agreement, as both documents help clarify financial arrangements between parties. A Loan Agreement details the terms under which money is borrowed and outlines the repayment expectations. It ensures that both the lender and borrower understand their responsibilities, similar to how a Gift Letter specifies the amount given as a gift without any expectation of repayment. Both documents serve to protect the interests of each party involved.

Another document resembling the Gift Letter is the Affidavit of Support, often used by sponsors of immigrants. This form outlines the financial support provided to ensure that the sponsored individual does not become a public charge. Like a Gift Letter, it confirms that there are funds available for support. However, the Affidavit of Support carries legal obligations, whereas the Gift Letter signifies a voluntary transfer of assets with no expectation of return.

A Third document to consider is the Promissory Note. This document is a written promise to pay back borrowed money under specified terms. While it may seem similar on the surface—the exchange of funds—it fundamentally differs from a Gift Letter in relation to repayment. A Gift Letter explicitly states that the funds are a gift, with no obligation to repay, whereas a Promissory Note creates a binding financial obligation between the borrower and lender.

Finally, there’s the Transfer of Ownership form, frequently used in real estate. This document formalizes the transfer of property from one party to another, just like a Gift Letter does for cash gifts. Both forms facilitate the transfer of assets and are frequently utilized to clarify that no compensation is involved in the transfer. However, a Transfer of Ownership form typically includes more detailed property descriptions and legal requirements associated with real estate transactions, making it slightly more complex than a straightforward Gift Letter.

Dos and Don'ts

When it comes to filling out a Gift Letter form, attention to detail is crucial. It is essential to present accurate information, as this letter can impact various financial processes. Below is a list of things you should and shouldn't do when completing this form.

  • Do ensure all information is accurate. Verify the names, addresses, and amounts to avoid any discrepancies.
  • Do include a clear statement of the gift. Clearly articulate that the funds are a gift, not a loan, to avoid misunderstandings.
  • Do sign and date the form. A signature adds authenticity and signifies acceptance of the terms outlined in the letter.
  • Do keep a copy for your records. Having a copy can help resolve any future queries regarding the gift.
  • Don't leave out important details. Omitting necessary information can lead to delays or issues with your transaction.
  • Don't use vague language. Clearly specify the purpose of the gift to avoid confusion.
  • Don't forget to discuss the gift with the recipient. Make sure that the recipient understands the terms and the nature of the gift.
  • Don't rush through the form. Take your time to carefully read and fill out the form to ensure all necessary information is included.

Misconceptions

Misconceptions about the Gift Letter form can lead to confusion for individuals involved in financial transactions. Understanding the truth behind these misconceptions can help clarify its purpose and requirements.

  • Misconception 1: The Gift Letter is only needed for large monetary gifts.
  • Many believe that a Gift Letter is only required for substantial gifts. In reality, any financial gift that could affect a mortgage application or tax implications may necessitate a formal letter, regardless of the amount.

  • Misconception 2: A Gift Letter must be notarized.
  • Some people assume notarization is required for a Gift Letter. However, notarization is not universally necessary. Lenders typically accept unsigned letters, as long as they fulfill other specified criteria.

  • Misconception 3: Anyone can be a donor without restrictions.
  • It is commonly thought that anyone can provide a financial gift without limitations. In fact, lenders usually require that donors be relatives or close friends to establish a legitimate relationship and ensure intent.

  • Misconception 4: The Gift Letter serves only tax purposes.
  • While tax implications are a consideration, a Gift Letter primarily serves as a declaration for lenders during the mortgage approval process. It confirms the gift's nature and intent, helping to clarify the borrower's financial situation.

  • Misconception 5: The donor needs to be present at the signing.
  • Some individuals think the donor must be present when the borrower signs the Gift Letter. However, the donor's presence is not necessary for the letter to be valid; it can be created and signed separately.

  • Misconception 6: A Gift Letter is the same as a loan agreement.
  • People often confuse a Gift Letter with a loan agreement, believing they function identically. In fact, a Gift Letter states unequivocally that the funds are a gift, while a loan agreement involves repayment terms and obligations.

  • Misconception 7: If the donor files taxes, the borrower will also have to claim the gift as income.
  • It is a common belief that the borrower must report the gifted amount as income. However, gifts are generally not taxed as income for the recipient, provided they align with IRS guidelines regarding annual gift exclusions.

Key takeaways

Understanding the Gift Letter form is crucial for anyone looking to provide financial support to someone purchasing a home. Here are some key takeaways to keep in mind:

  1. Clarity is Essential: Clearly state the intent behind the gift and specify that no repayment is expected. This helps avoid any confusion with lenders.
  2. Include All Required Information: Make sure to fill out all necessary details such as the donor's name, address, relationship to the recipient, and the amount of the gift. Missing information may delay the loan process.
  3. Document the Source of Funds: Be prepared to show where the gift funds are coming from. Lenders may ask for bank statements or other verification to ensure the funds are legitimate.
  4. Use the Right Format: Follow the lender's guidelines for the format of the Gift Letter. Each lender may have specific requirements, so check in advance.
  5. Timing is Key: Submit the Gift Letter along with other loan documentation. Ensuring it is part of the initial application helps streamline the approval process.

By keeping these points in mind, the process of using the Gift Letter form can become much smoother and more efficient, paving the way for a successful home purchase.