Gift Letter Template

Gift Letter Template

The Gift Letter form is a document that helps individuals clearly state that a monetary gift is being given without the expectation of repayment. This form is often required by lenders when someone is using a gift as part of their down payment for a home. Understanding and completing this form can simplify the home-buying process, so be sure to fill it out by clicking the button below.

Content Overview

The Gift Letter form plays a vital role in various financial and real estate transactions, particularly in the context of home buying. This document serves as a declaration that a specific sum of money has been given to a recipient, typically a family member, as a gift rather than a loan. By clarifying that no repayment is expected, this form helps avoid potential complications with lenders. Its importance extends to verifying the source of down payment funds, which is crucial for securing a mortgage. The Gift Letter outlines pertinent details such as the amount gifted, the relationship between the giver and receiver, and the date of the gift. Additionally, it may require the donor’s signature, further affirming the legitimacy of the transaction. Understanding how to properly complete and present this form can streamline the home purchasing process and ensure compliance with lender requirements.

Gift Letter Sample

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)

Document Attributes

Fact Name Detail
Definition A Gift Letter is a document that verifies financial gifts in real estate transactions.
Purpose It helps lenders confirm that funds gifted do not need to be repaid.
Common Use Primarily used in mortgage applications for home purchases.
Contents Typically includes the donor's name, relationship to the recipient, and the amount of the gift.
Tax Implications Gifts beyond a certain amount may have tax reporting requirements for the donor.
State-Specific Forms Some states may have specific templates or requirements for Gift Letters.
Governing Laws Tax laws can vary by state and may influence the form’s requirements.
Signature Requirements Usually requires the signature of both the donor and recipient to validate the gift.
Submission Must be submitted to the lender as part of the mortgage application process.
Verification Lenders may contact the donor to verify the gift and its terms.

Gift Letter: Usage Instruction

Once you have gathered all the necessary information and details for the Gift Letter, you can move forward with filling out the form. Make sure you take your time to ensure accuracy. Follow these simple steps to complete the form correctly.

  1. Start by entering your full name as the giver of the gift.
  2. In the next section, provide your address. Make sure it’s the current residential address.
  3. List the name of the recipient of the gift, and confirm their relationship to you.
  4. Next, write down the amount of the gift you are giving. Be clear and precise.
  5. If required, provide a brief description of the purpose of the gift.
  6. Date the letter after you have filled out all necessary information.
  7. Finally, sign the document to validate it as the giver.

Frequently Asked Questions

  1. What is a Gift Letter?

    A Gift Letter is a document used to confirm that a monetary gift has been given to an individual. This letter is often required during the mortgage application process to prove that the funds for the down payment or closing costs are a gift and not a loan. The letter typically includes details about the giver, the recipient, and the nature of the gift.

  2. When do I need a Gift Letter?

    If you're applying for a mortgage and receiving financial assistance from a family member or friend, you'll likely need a Gift Letter. Lenders want to ensure that the money does not have to be repaid, as this could affect your ability to make mortgage payments. The letter solidifies the intention of the provider that the funds are a pure gift.

  3. Who can give a Gift?

    Typically, the person providing the gift should be a close family member, such as a parent, grandparent, sibling, or spouse. Some lenders may allow gifts from friends or extended family, but it’s essential to check the specific requirements of your lender.

  4. What information should be included in the Gift Letter?

    A comprehensive Gift Letter should include the following:

    • The names and addresses of both the donor and the recipient
    • The amount of the gift
    • A statement declaring that the funds are a gift and do not need to be repaid
    • The donor’s relationship to the recipient
    • The date the gift was given
    • The donor's signature
  5. Do Gift Letters need to be notarized?

    Most lenders do not require Gift Letters to be notarized, but some may ask for notarized documentation as an extra measure to verify the authenticity of the letter. It's best to check with your lender for their specific requirements regarding notarization.

  6. Can I use a Gift Letter for my down payment?

    Yes, Gift Letters are often used to confirm funds intended for a down payment on a house or other real estate purchases. Providing this document helps your lender understand where the money is coming from and ensures it complies with the lending regulations.

  7. Are there limits on how much I can receive as a gift?

    While there is technically no limit on the amount you can receive as a gift, the IRS does impose annual limits on tax-free gifting. As of 2023, you can gift up to $17,000 per year to an individual without incurring tax implications. For amounts exceeding this, the donor may need to file a gift tax return. However, this does not typically impact your ability to use the funds for your mortgage.

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

    Failing to provide a Gift Letter when required could delay the mortgage application process or even result in a denial. Lenders want reassurance that the funds are genuinely a gift to protect against oversights in assessing a borrower's financial capability.

  9. Can a Gift Letter be revoked?

    Once a Gift Letter has been executed and the funds have been transferred, the donor cannot legally revoke the gift simply because it involves a down payment for a house. However, if there are any changes in the relationship or intent, it can lead to complications down the line.

Common mistakes

When it comes to completing a Gift Letter form, many people make common mistakes that can lead to delays or complications in the process. Understanding these pitfalls can help make the experience smoother. Here are six frequent mistakes to watch out for.

One of the most common errors is not including all required information. Each field on the form is crucial for verifying the legitimacy of the gift. If a donor forgets to provide essential details, such as their name, address, or relationship to the recipient, it can cause unnecessary delays in processing the gift. It’s vital to double-check that every section is filled out completely.

Another mistake is making unclear the intent and purpose of the gift. The letter should explicitly state that the funds are indeed a gift and not a loan or any other type of financial arrangement. When the intent is vague, lenders may question the nature of the funds, which can complicate home loan approvals.

Some people overlook the need for signatures on the Gift Letter form. Both the donor and the recipient should sign the letter to confirm their agreement. A lack of signatures can render the document invalid. It might seem simple, but missing this step can lead to further complications down the road.

Additionally, failing to provide proper documentation can be a significant oversight. Often, lenders require proof that the gift funds are available and come from legitimate sources. Donors should include bank statements or withdrawal slips to validate where the money is coming from. Without this documentation, the gift letter may not hold up during the approval process.

People sometimes make the mistake of not keeping a copy of the Gift Letter. Once signed, it’s important for both parties to retain a copy for their records. This ensures everyone has access to the same information should any issues arise later. Losing this documentation can make it difficult to resolve disputes or provide proof if needed in the future.

Lastly, some individuals fail to consider the timing of when the gift is given. If the gift is made too close to the closing date of a home purchase, it may raise suspicions. It is advisable to give the gift well in advance to avoid any issues. Keeping this timeline in mind helps ensure that everything proceeds without a hitch.

Being aware of these common mistakes can lead to a smoother completion of the Gift Letter form. Taking the time to ensure everything is correctly filled out will save time and prevent headaches during the lending process.

Documents used along the form

A Gift Letter is a crucial document often needed in financial transactions, particularly in real estate transactions. When providing or receiving a monetary gift for a home down payment, several other forms and documents frequently accompany the Gift Letter to ensure clarity, legality, and compliance with financial regulations. Below is a list of documents that may typically be used alongside a Gift Letter.

  • Bank Statements: These show the donor's ability to provide the funds. They help verify that the money is not a loan but a genuine gift.
  • Gift Tax Return (Form 709): This federal form is used to report gifts that exceed the annual exclusion limit. It helps ensure that the donor is in compliance with IRS rules.
  • Donor's Affidavit: This sworn statement may confirm the donor's intention and financial capability to gift the money, reinforcing the legitimacy of the transaction.
  • Proof of Transfer: Documentation, such as bank wire confirmations or check copies, provides evidence of the actual transfer of funds from the donor to the recipient.
  • Mortgage Pre-Approval Letter: This letter from a lender confirms that the homebuyer is approved for a mortgage, incorporating the gifted funds into their overall budget.
  • Closing Disclosure: Required by law, this document outlines the final terms and costs of the mortgage and closing process, helping to clarify how the gifted funds fit into the overall transaction.
  • Property Purchase Agreement: This contract between the buyer and seller outlines the terms of the sale, which may be contingent on receiving the gifted funds for the down payment.

These documents collectively ensure a smooth transaction, establishing a legal framework that protects all parties involved. While the Gift Letter itself is essential, the additional documentation provides necessary verification and legitimacy, bolstering the integrity of financial transactions involving gifted funds.

Similar forms

  • Affidavit of Support: Similar to a Gift Letter, this document outlines financial support provided by one individual to another, often used in immigration matters. It serves as proof of the giver's ability to financially assist the recipient.

  • Loan Agreement: This form details the terms of borrowing money between parties. While it emphasizes repayment, both documents establish a financial relationship and clarify the intent behind the monetary transfer.

  • Promissory Note: In this document, a borrower promises to repay a specified sum of money to the lender. Like a Gift Letter, it addresses financial obligations but focuses on repayment rather than a gift.

  • Financial Sponsorship Letter: Often used in educational settings, this letter is written by a sponsor to commit financial support for a student’s tuition or expenses. Both documents express intent to support financially.

  • Memorandum of Understanding (MOU): This document formalizes an agreement between parties regarding financial support or collaboration. While the MOU can cover various topics, it operates similarly by outlining intentions.

  • Certification of Gift: This document certifies that funds were given as a gift and does not need to be repaid. Like the Gift Letter, it emphasizes the non-repayable nature of the funds.

  • Bank Statement: Although it serves a different purpose, a bank statement provides evidence of funds available or transferred, similar to how a Gift Letter verifies the source of a gift in a financial transaction.

Dos and Don'ts

When filling out the Gift Letter form, there are important practices to follow and pitfalls to avoid. Here’s a clear list to guide you.

  • Do provide accurate information about the donor and the recipient.
  • Do specify the amount of the gift clearly.
  • Do include a statement indicating that the gift is not a loan and does not need to be repaid.
  • Do sign and date the form to validate your intentions.
  • Do keep a copy of the completed form for your records.
  • Don't leave any fields blank; incomplete forms may lead to processing delays.
  • Don't use vague language regarding the gift. Be specific.
  • Don't submit the form without ensuring that everything is correct and up to date.
  • Don't sign the form without fully understanding the implications of the gift.
  • Don't forget to check for any additional requirements that might apply based on the situation.

Misconceptions

Many individuals encounter misconceptions regarding the Gift Letter form. Understanding these common misunderstandings can clarify the process. Below are ten misconceptions explained:

  1. The Gift Letter form is only for first-time homebuyers. This form can be used by anyone receiving a financial gift for a home purchase, regardless of their previous homeownership status.
  2. You do not need to provide proof of the source of funds. Lenders often require documentation to validate that the funds are indeed a gift and not a loan.
  3. A Gift Letter form can be written informally. It is essential for the letter to meet specific criteria and be written in a formal manner to be acceptable to lenders.
  4. You cannot use a gift letter for down payments. In fact, gift letters are commonly utilized to help with down payments on homes.
  5. The donor must be an immediate family member. While many donors are family members, anyone can provide a gift as long as the relationship is disclosed.
  6. Gift letters are unnecessary if the gift is in cash. Regardless of the form of the gift, a Gift Letter is typically required to document the transaction for the lender.
  7. Only the recipient needs to sign the Gift Letter. Both the donor and recipient usually need to sign, confirming the details of the gift.
  8. The Gift Letter can be submitted after the closing process. Most lenders require this documentation to be submitted well before closing, as part of the underwriting process.
  9. A verbal agreement is sufficient as a gift letter. A written letter with all necessary information is typically required to ensure clarity and contractual compliance.
  10. There is a limit on how much can be gifted. While there may be annual tax limits for gifts, lenders may permit substantial gifts as long as documentation is provided.

Being aware of these misconceptions can help individuals navigate the Gift Letter process more effectively.

Key takeaways

  • Always include a clear statement that the money is a gift. This eliminates any confusion about repayment expectations.

  • Both the giver and receiver should sign the letter. A signature adds a layer of authenticity and commitment to the transaction.

  • Provide specific details about the gift, including the amount of money being given. Transparency helps ensure that the transaction is understood by all parties, especially lenders.

  • Use straightforward language. The goal is to communicate clearly; complex language can lead to misunderstandings.

  • Include the relationship between the giver and receiver. This helps establish the legitimacy of the gift and avoids any potential red flags.

  • Be prepared to provide bank statements or proof of funds if requested. Documenting the source of the gift can reassure lenders and make the process smoother.

  • Check for lender-specific requirements. Some financial institutions may have particular guidelines regarding gift letters, so it’s wise to verify before submission.

  • Keep a copy of the gift letter for your records. It may be useful for future reference or potential inquiries regarding the transaction.

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