A Gift Letter form is a document that a donor uses to provide proof that money given to a homebuyer is indeed a gift and not a loan. This form is crucial in the mortgage application process, ensuring that the borrower is not secretly increasing their debt load, which could impact their ability to repay the mortgage. To simplify your homebuying journey, consider completing your Gift Letter form by clicking the button below.
In the process of securing a mortgage or any loan that involves a substantial sum of money, prospective buyers often receive financial support from family members or close friends. This generous act, intended to ease the financial burden or to contribute towards the down payment, necessitates the completion of a Gift Letter form. This document serves a critical function, providing lenders with a clear affirmation that the money given is not a loan but a gift, thereby eliminating any obligation of repayment. The Gift Letter form not only protects the lender by offering insight into the borrower’s financial situation but also safeguards the relationship between the donor and recipient by setting clear expectations. Ensuring that all parties understand the gift's nature and its implications on the borrower’s financial profile is paramount. As lenders scrutinize financial gifts to comply with legal and regulatory standards, the significance of this document cannot be overstated—making it a cornerstone of transparent and responsible financial assistance among loved ones.
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)
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)
When someone decides to give a significant financial gift, especially for purposes like helping to buy a home, a Gift Letter form is a crucial document. This form, a formal statement from the donor to the lender, clarifies that the money given is indeed a gift and not a loan. Filling out this form accurately ensures that the recipient can use the funds without any obligation to repay. Therefore, it's vital to approach this task with care and clarity. Follow these steps to accurately fill out the Gift Letter form.
After the Gift Letter form is completed, it should be submitted alongside any required loan application documents. The lending institution may review the form to ensure compliance with their requirements. This step is critical for the recipient to demonstrate that the gift does not need to be repaid, which can affect the loan approval process. As each lender might have specific requirements, always check with the institution or a professional advisor to ensure the letter meets all necessary criteria.
What is a Gift Letter form?
A Gift Letter form is a document that provides proof that money received from a friend or family member is actually a gift and not a loan. This letter is crucial when you're applying for a mortgage, as lenders want to ensure that the gift does not have to be repaid. In the letter, the donor specifies the amount of the gift, the relationship to the recipient, and clearly states that no repayment is expected or required.
Why do I need a Gift Letter?
When applying for a mortgage, underwriters need to determine your ability to repay the loan. Part of this process involves verifying the sources of your down payment. A Gift Letter is needed to confirm that funds given by a relative or friend are genuinely a gift, thus not increasing your debt obligations.
Who can give a gift?
Typically, a gift can be given by a family member, such as a parent, grandparent, sibling, or spouse. However, some lenders may also allow gifts from fiancés, domestic partners, or even close friends, as long as the relationship is clearly documented and the lender approves.
Is there a limit to how much can be gifted?
There isn't a universal limit to how much can be gifted for mortgage purposes, but lenders and the IRS have guidelines. For tax purposes, the IRS has an annual gift tax exclusion amount ($15,000 in 2022 per recipient). Gifts exceeding this amount may require the donor to file a gift tax return. Mortgage lenders might also have limits on how much of your down payment can come from a gift, so it's important to check with them directly.
What information needs to be included in the Gift Letter?
Does the donor need to provide proof of funds?
Yes, in many cases, lenders will require the donor to show proof of the gift's source by providing a bank statement. This is to ensure the funds are coming from the donor's personal account and are not an additional loan.
Can a Gift Letter be used for anything other than mortgage applications?
While Gift Letters are primarily used in the context of home buying, they can sometimes be utilized for other significant financial transactions that require proof of funds. However, the primary purpose remains in mortgage lending to verify that the gift will not be a future liability on the borrower.
What happens if I don’t use a Gift Letter for a monetary gift?
Without a Gift Letter, the lender may consider the gifted money as a loan, which could affect your debt-to-income ratio and potentially your eligibility for the mortgage. The lender needs to ascertain that no repayment is expected on the gifted funds to accurately assess your financial situation.
Where can I get a Gift Letter form?
Many lenders have their own specific Gift Letter forms that they prefer you use. However, generic templates are also available online. It's important to ensure that any form used meets your lender's requirements. Consulting with your mortgage advisor is a good first step to obtaining the correct form.
Not specifying the relationship between the donor and the recipient can often lead to confusion or delays in processing. For clarity and to expedite the process, detailing how the donor is connected to the recipient — whether they're a parent, sibling, or close family friend — is imperative. This specificity helps in understanding the nature of the gift and in confirming its legitimacy.
Failing to clearly state that the funds are a gift and not a loan is another common mistake. It's crucial for the document to explicitly mention that the recipient is not expected to repay the amount. Including a simple statement to this effect can prevent any misunderstandings about the nature of the support being provided, ensuring that all parties are on the same page.
Omitting the exact amount of the gift can cause significant delays. For the purposes of documentation and taxation, stating the specific amount being gifted in clear, unambiguous terms is vital. This information assists in the accurate processing of the gift and helps in maintaining transparency between all involved parties.
Not including the donor's contact information, such as address and phone number, can complicate the verification process. Lenders or involved parties often need to contact the donor to confirm the gift's authenticity. Providing complete contact details facilitates efficient communication, helping to streamline the transaction.
When engaging in the process of gifting funds, especially in transactions like helping a family member purchase a home, a Gift Letter form becomes a crucial document. However, it doesn't stand alone. Several other forms and documents often accompany it to ensure the process is smooth and compliant with legal and financial regulations. Understanding these additional forms helps illuminate the broader context and requirements, ensuring all parties are well-informed and prepared.
These documents collectively establish a clear financial picture and legal standing for all involved parties. They serve not just to facilitate the immediate transaction but to safeguard against potential disputes or misunderstandings. When dealing with significant amounts of money, whether among family members or in a business context, ensuring all necessary documentation is properly handled is not just prudent; it's essential.
A Promissory Note: This document is akin to a Gift Letter as it outlines an agreement related to money between two parties. While a Gift Letter confirms that funds are given without the expectation of repayment, a Promissory Note outlines the terms under which money will be repaid. Both documents legally record transactions between individuals and set clear expectations but differ in the obligation of repayment.
An Affidavit of Gift: Very similar in nature to a Gift Letter, an Affidavit of Gift serves a parallel purpose in documenting the transfer of property or goods from one individual to another without payment. This affidavit, often used in transferring titles of vehicles or real estate between family members, includes details about the donor and recipient, much like the Gift Letter, but is sworn before a notary, making it a formal sworn statement.
A Loan Agreement: This document outlines the terms under which one party lends money to another, including repayment schedule, interest rates, and collateral, if applicable. Similar to a Gift Letter, a Loan Agreement records the particulars of a financial transaction between two parties. The major distinction is the expectation of repayment with interest in a Loan Agreement, which is not present in a Gift Letter.
A Donation Receipt: Used by organizations to acknowledge receipt of charitable donations, this document shares similarities with the Gift Letter by recording a transfer of assets. However, whereas the Gift Letter confirms the absence of an obligation to repay, a Donation Receipt is used for tax deduction purposes by the donor, highlighting the non-commercial transaction.
A Quitclaim Deed: This legal instrument is used to transfer interest in real estate from one party to another without any warranty on the title's clarity. Similar to a Gift Letter, which declares the gifting of funds without expectation of repayment, a Quitclaim Deed facilitates the transfer of property rights as a form of gift, often among family members. The primary focus is on the transfer of rights or assets, albeit the Quitclaim Deed is specifically for real estate.
When filling out the Gift Letter form, it's important to pay attention to detail to ensure the process goes smoothly. Below, find key dos and don'ts to help guide you through completing this document.
Dos:
Don'ts:
Many people have misunderstandings about the purpose and requirements of a Gift Letter form. Below are ten common misconceptions explained to help clarify the function and importance of this document.
Only family members can give gifts. A common misconception is that gift letters are only valid when the gift giver is a family member. In reality, anyone can give a gift as long as the relationship is clearly stated, and the intent behind the gift is documented.
The gift must be repaid. Some believe that the amount specified in a gift letter needs to be repaid. The essence of a gift letter is to declare that the funds are a gift with no expectation of repayment.
A Gift Letter needs to be notarized. It's often thought that for a gift letter to be valid, it must be notarized. While notarization can provide an additional layer of validation, it is not a universal requirement for gift letters.
Gift Letters are only for large amounts. There's a misconception that gift letters are only necessary for large financial gifts. In fact, lenders may require a gift letter for any amount that they consider significant for the transaction in question.
Gift Letters are only used in real estate transactions. While commonly used in real estate transactions, especially during the mortgage application process, gift letters can also be used in other contexts where the transfer of funds as a gift needs to be documented.
The gift must be in cash. Many people think that only cash gifts require a gift letter. However, gifts can also be made in other forms, such as paying off a debt or transferring property ownership, which still need to be documented through a gift letter.
There is a standard, one-size-fits-all template. Another misconception is that all gift letters must follow a standard template. While there are common elements in most gift letters, requirements can vary by lender or legal jurisdiction.
Gift Letters can be handwritten. While a handwritten gift letter can be a personal touch, many institutions require the letter to be typed to ensure legibility and to meet certain formal requirements.
Gift Letters are only for monetary gifts. This is related to the misconception that the gift must be in cash. In reality, any type of gift that contributes to the recipient's financial well-being, like stocks or real estate, should be accompanied by a gift letter.
Filing taxes for gifts is the responsibility of the giver. Many people believe that handling the tax implications of a gift is solely the giver's responsibility. While it's true that the giver often has to file gift taxes, the recipient might also have responsibilities, depending on the gift's nature and value. It’s important for both parties to consult a tax advisor.
When managing the process of securing or giving a financial gift, especially in contexts like property purchase, a Gift Letter form serves as a critical document that formalizes the transfer of funds from a donor to a recipient. Here are key takeaways to guide you through filling out and using this important document:
Adhering to these points ensures a smooth, transparent process and helps in fulfilling both legal obligations and financial institution requirements. The Gift Letter form is not just a formality; it is a vital document that safeguards the interests of both the donor and the recipient.
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