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Contents

The Gift Letter form plays a crucial role in various financial transactions, particularly in real estate purchases. This document outlines the details of a monetary gift given from one party to another, typically to assist in buying a home. It serves multiple purposes, such as establishing the nature of the gift, clarifying that the funds do not need to be repaid, and assuring lenders that the money does not constitute a loan. By providing clear evidence of the financial assistance, the form helps streamline financing processes and can enhance the borrower’s ability to secure a mortgage. Essential elements of the Gift Letter include the names of the giver and recipient, the amount of the gift, and a description of the relationship between the two parties. Additionally, the giver must affirm that the funds are a voluntary gift, thereby reinforcing the legitimacy of the transaction.

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)

Form Information

Fact Name Description
Definition A gift letter is a document that certifies a monetary gift from one party to another, typically for real estate transactions.
Purpose It helps lenders verify the source of funds being used by the borrower, ensuring that the money does not require repayment.
Common Use Often used by homebuyers to declare funds provided by family members or friends as part of a down payment.
Required Information A gift letter usually includes the names of the giver and receiver, the amount of the gift, and a statement confirming that the gift does not need repayment.
State-Specific Forms Some states may require specific documentation or forms; it’s essential to check local laws.
Governing Law Example In California, the Civil Code Sections 1601-1605 provide guidelines on gift documentation.
Tax Implications The giver may need to report the gift for tax purposes if it exceeds the annual exclusion limit established by the IRS.
Signature Requirement Both the giver and receiver typically sign the gift letter to authenticate the transaction.

Detailed Guide for Filling Out Gift Letter

This guide will help you complete the Gift Letter form accurately and efficiently. Once you've filled it out, you can present it to your lender as part of your mortgage application process. Here are the step-by-step instructions to ensure everything is filled out correctly.

  1. Begin by entering the date at the top of the form. This establishes the timeline for the gift.
  2. Provide the name of the donor. This is the person giving the gift.
  3. Include the donor's address. This should be the permanent address of the donor.
  4. Write down the recipient's name. This is the person receiving the gift.
  5. Enter the recipient's address. Ensure this is the same as the address associated with the mortgage application.
  6. State the amount of the gift. Be clear about the total sum being provided.
  7. The donor must sign the form. This confirms their intent to give the gift.
  8. Lastly, the donor should print their name below the signature for clarity.

Obtain Answers on Gift Letter

  1. What is a Gift Letter?

    A Gift Letter is a document that confirms a monetary gift given to a borrower who is applying for a mortgage. It outlines the details of the gift, including the donor's information, the amount given, and the nature of the gift (which must be non-repayable). Lenders typically require this letter to ensure that the funds are truly a gift and not a loan that could affect the borrower’s ability to qualify for a mortgage.

  2. Why is a Gift Letter important?

    The gift letter serves as a safeguard for lenders. It provides clear evidence that a borrower is receiving financial support without the obligation to pay it back. This documentation can help improve a borrower’s chances of securing a mortgage by showing they have additional funding for the down payment, thereby reducing the lender’s risk.

  3. What information should be included in a Gift Letter?

    A comprehensive Gift Letter should include:

    • The donor’s name, address, and relationship to the borrower.
    • The amount of the gift.
    • A statement confirming that the funds are a gift and do not need to be repaid.
    • The date the gift was given.
    • Signature of the donor.
  4. Who can be a donor for a Gift Letter?

    Eligible donors typically include immediate family members such as parents, siblings, and sometimes extended family members or other close relatives. Lenders may have guidelines regarding acceptable donors, so it's essential to check with them before proceeding.

  5. Is there a limit on the amount that can be gifted?

    While there is no specific limit set by lenders on the amount of money that can be given as a gift, the IRS has guidelines regarding tax implications. For 2023, individuals can gift up to $17,000 per person without needing to file a gift tax return. If amounts exceed this, the donor may be required to report it. It’s advisable to consult a tax professional regarding significant gifts.

  6. How does a Gift Letter affect the mortgage application process?

    A Gift Letter can positively impact the mortgage application process. By providing documentation that verifies the source of the down payment funds, borrowers can potentially qualify for a larger loan. However, it’s crucial for borrowers to ensure that they satisfy lender requirements regarding these gifts.

  7. Do I need to provide a Gift Letter for every gift?

    Not necessarily. If a borrower receives multiple gifts from the same donor, one Gift Letter may suffice, provided it covers the total contribution. However, lenders often require a separate letter if the amounts vary widely between gifts or if different donors are involved. Always verify specific requirements with the lender.

  8. What happens if I don’t provide a Gift Letter?

    Failing to provide a Gift Letter when required may delay the mortgage approval process or lead to a denial of the application. Lenders need to ensure they fully understand the sources of the borrower’s funds to assess the financial situation accurately. Not providing this documentation can raise red flags about the legitimacy of the funds.

  9. Can a Gift Letter be written informally?

    While there is no strict format, a Gift Letter should still be a formal document. It must clearly articulate the necessary details and contain the donor’s signature. A handwritten note may not suffice, as lenders often prefer structured letters that meet specific criteria to minimize confusion and ensure compliance.

Common mistakes

When completing a Gift Letter form, individuals often encounter several common mistakes that can lead to complications. Understanding these pitfalls can improve the accuracy and validity of the document. Here are six frequent errors people make.

First, many fail to provide complete information about the donor and recipient. Omitting important details such as full names, addresses, and contact information can create confusion later on. Ensure every section is filled out thoroughly to prevent issues.

Second, another common mistake is not clearly stating the intent of the gift. A vague description of the gift can raise questions with lenders or financial institutions. Clearly articulate the purpose of the gift to demonstrate its legitimacy and ensure transparency.

Third, some individuals neglect to mention whether the gift is conditional or unconditional. This distinction is important, as it can affect the recipient’s financial standing. Clearly indicating that the gift is unconditional removes ambiguity and reinforces its intended nature.

Fourth, timing plays a crucial role in the gift process. Failing to sign and date the Gift Letter form promptly can create delays. It is essential to complete the form as soon as the gift is made to ensure it is valid and recognized appropriately.

Fifth, not including a signature can void the entire gift letter. All donors must sign the form to authenticate their gift. Without a signature, the document lacks credibility and may be disregarded by institutions.

Lastly, many individuals overlook the need for documentation to support the gift. Providing a bank statement or check copy can help verify the transaction. Supporting documentation strengthens the gift letter and confirms the legitimacy of the funds.

Documents used along the form

The Gift Letter form is an important document in real estate transactions, particularly when someone is receiving financial assistance from a relative or friend to help with a home purchase. It outlines the details of the gift, ensuring that lenders understand the nature of the funds. However, several other forms and documents often accompany the Gift Letter to clarify the transaction and meet lender requirements. Below is a list of commonly used documents that may be needed alongside the Gift Letter.

  • Financial Gift Disclosure: This document provides a detailed account of the financial support being given, including the amount and purpose of the gift. It assures the lender that the funds are a gift and do not require repayment.
  • Loan Application: The loan application is a critical document that potential borrowers fill out when seeking mortgage financing. It includes details about the borrower's financial history, creditworthiness, and the amount needed for the property purchase.
  • Proof of Funds: This document serves as verification that the individual providing the gift has the financial means to do so. It typically includes bank statements or account balances that demonstrate availability of the funds.
  • Identity Verification: To comply with anti-money laundering regulations, lenders may require identification verification documents. This could include a driver's license, passport, or Social Security card from both the giver and the recipient of the gift.
  • Income Verification: This document shows the borrower’s income sources and amounts, which helps lenders assess their ability to repay the mortgage loan. It generally involves pay stubs, tax returns, or employment verification letters.
  • Sales Agreement: Also known as the purchase agreement, this document outlines the terms of the home sale, including the purchase price, contingencies, and the timeline for closing the transaction.

Understanding these accompanying documents helps clarify the overall process and ensures a smoother experience when applying for a mortgage. Each of these documents plays a role in establishing financial legitimacy and can significantly affect the lender's decision-making process.

Similar forms

  • Affidavit of Support: This document is often required for immigrants to demonstrate that they will not become a public charge. Like a gift letter, it verifies financial support from someone else, ensuring adequate funds are available for living expenses.

  • Loan Verification Letter: Similar in nature, this letter confirms the amount of funds being loaned to a borrower. It provides assurance to lenders that the money is readily available for a specific purpose, much like a gift letter confirms the donor's intent and ability to provide financial assistance.

  • Bank Statement: This document serves as proof of funds by showing a person's financial history. While a gift letter identifies the source and intent of the funds, the bank statement provides the concrete evidence of those funds being available.

  • Financial Gift Tax Document: For gifts exceeding a certain amount, the IRS requires a gift tax return. This document compares to a gift letter as it outlines the transaction details, ensuring compliance with tax laws related to substantial monetary gifts.

  • Charitable Donation Receipt: When someone donates to a charity, they receive a receipt that verifies the donation. This is akin to a gift letter, as it serves as proof that funds were given, albeit for charitable purposes rather than personal ones.

  • Proof of Income Letter: This document usually comes from an employer or the government, verifying an individual’s income. It similarly establishes financial capability, much like a gift letter which attests to someone's ability to donate funds.

  • Mortgage Gift Letter: Specifically from a family member to assist with a down payment, this letter explicitly states that the funds do not need to be repaid. It functions similarly to a general gift letter, indicating the nature and intent behind the financial contribution.

  • Income Verification Form: Often used in rental applications, this document confirms someone's income. Both it and a gift letter serve to provide assurance that the individual has financial backing, whether from earnings or gifts.

  • Closing Statement in Real Estate Transactions: Often referred to as a HUD-1 or Closing Disclosure, it outlines all financial transactions related to a property purchase. It may reference gifts as part of the funds for the sale, similar to how a gift letter indicates funds will be utilized for a purchase.

Dos and Don'ts

When completing a Gift Letter form, it's important to follow certain guidelines to ensure everything is accurate and clear. Here’s a handy list of do's and don'ts to keep in mind:

  • Do provide your full name and address clearly at the top of the form.
  • Do specify the exact amount of the gift being given.
  • Do include the recipient's name and relationship to you for proper documentation.
  • Do sign and date the form to confirm its authenticity.
  • Don't leave any sections blank; missing information can cause delays.
  • Don't use vague terms; be specific about the nature of the gift.
  • Don't forget to check for any spelling errors before submitting the form.
  • Don't alter the form in any way, as this can invalidate it.

Misconceptions

When you're involved in real estate transactions or financial dealings, the Gift Letter form plays an important role, especially when money is being transferred as a gift. Unfortunately, several misconceptions often cloud understanding of this important document. Here are some common misunderstandings clarified:

  1. Gift Letters are Only Needed for Home Purchases. Many believe that gift letters are strictly necessary for real estate transactions. In reality, they may also be required for various financial gifts, especially those that significantly impact loan eligibility.
  2. The Donor Must Be a Family Member. While family members often provide gifts, the law does not limit who can give a monetary gift. Friends and other individuals can also give gifts, but their relationship might require additional documentation.
  3. Gift Letters Must Be Notarized. It's a common thought that all gift letters need a notary's signature. However, most lenders only require a signed letter from the donor, affirming the gift is freely given and not a loan.
  4. There is No Limit on the Gift Amount. Some people think there are no limits to how much can be gifted without implications. However, the IRS sets annual exclusions. Gifts above this amount may trigger tax responsibilities for the donor.
  5. Gift Letters Are Only Relevant at Closing. Many assume that gift letters are only necessary at closing time. While they often arise in that phase, lenders may want the letter earlier in the loan approval process to facilitate verification.
  6. Using a Gift Letter Always Guarantees Loan Approval. While a gift can bolster a buyer's financial standing, it does not guarantee loan approval. Lenders evaluate various financial factors beyond just the existence of a gift.
  7. Once Delivered, the Gift Letter Cannot Be Changed. It's commonly believed that gift letters, once submitted, are set in stone. In truth, if any details change regarding the transaction or the gift, the donor can provide an updated letter.

Understanding these misconceptions can pave the way for smoother transactions. Ensuring clarity and accuracy in financial dealings is crucial to everyone's peace of mind and financial security.

Key takeaways

When you're considering accepting or giving a financial gift, especially in the context of real estate transactions, using a Gift Letter form can be quite helpful. Here are some key takeaways to keep in mind:

  • Purpose of the Gift Letter: This form serves to clarify that the money received is indeed a gift and not a loan. It’s vital for ensuring transparency during financial transactions, such as mortgage approvals.
  • Required Information: Typically, the Gift Letter should include details such as the donor's name, the recipient's name, the amount of the gift, and the relationship between the two parties.
  • Documentation: Many lenders require this letter alongside proof of the donor’s ability to provide the gift, like bank statements or asset documentation.
  • Simplicity is Key: The tone of the letter should be straightforward. You don’t need to include excessive details; a simple declaration stating the gift’s nature is often sufficient.
  • Signatures Matter: Both the donor and recipient should sign the letter. This ensures both parties agree on the terms of the gift, minimizing any potential misunderstandings.

By following these guidelines, you can ensure that the Gift Letter serves its purpose effectively, leading to a smoother transaction process.