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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)

Documents used along the form

When preparing a Gift Letter form, several other documents may be required to support the transaction. These documents help provide clarity and ensure compliance with financial and legal requirements. Below is a list of forms and documents commonly used alongside a Gift Letter.

  • Bank Statement: A recent bank statement from the donor can verify the source of funds and confirm that the money is available for gifting.
  • Gift Tax Return (Form 709): This form is used to report gifts that exceed the annual exclusion limit. It helps the IRS track large gifts and ensures compliance with tax laws.
  • Proof of Relationship: Documentation, such as a birth certificate or marriage certificate, can establish the relationship between the donor and recipient, which may be relevant for tax purposes.
  • Letter of Intent: A letter outlining the donor's intention to gift funds can provide additional context and clarify the purpose of the gift.
  • Loan Agreement (if applicable): If the funds are a loan rather than a gift, a loan agreement will outline the terms and conditions of repayment.
  • Georgia Motor Vehicle Bill of Sale: This form is essential for recording the transfer of ownership for a vehicle. It serves as proof of the sale and includes vital information about the vehicle and the involved parties. To learn more and access the template, visit legalpdfdocs.com.
  • Settlement Statement (HUD-1): This document details the financial transaction in real estate deals, including how gift funds are applied to the purchase.
  • Gift Acknowledgment Receipt: A receipt acknowledging the gift can serve as proof for both the donor and recipient for record-keeping purposes.
  • Financial Affidavit: This document may be required to show the recipient’s financial situation, particularly when applying for a mortgage.
  • Affidavit of Support: If the gift is intended to support a specific financial obligation, this affidavit can clarify the donor's commitment to assist.
  • Tax Returns (if requested): Donors may need to provide their tax returns to demonstrate their financial capability to make the gift.

Each of these documents plays a crucial role in ensuring that the gift is properly documented and compliant with any relevant regulations. Having the right paperwork in place can help facilitate a smooth transaction and provide peace of mind for both the donor and recipient.

Similar forms

The Gift Letter form is an important document used primarily in real estate transactions, especially when a buyer receives financial assistance from a family member or friend. It serves to clarify the nature of the funds being gifted, ensuring they are not a loan. Several other documents share similarities with the Gift Letter form in terms of purpose or function. Here’s a list of seven such documents:

  • Affidavit of Support: This document is often used in immigration cases. It confirms that a sponsor will financially support an immigrant, similar to how a Gift Letter confirms that funds are a gift, not a loan.
  • Durable Power of Attorney: This legal document facilitates decision-making on behalf of an individual when they cannot do so, ensuring their financial, healthcare, and personal affairs are managed by a trusted person. It maintains its validity even during incapacitation, making it essential for long-term planning. More information can be found at Durable Power of Attorney.

  • Loan Agreement: While a loan agreement outlines the terms of a borrowed amount, it shares the necessity of clarity about the funds' nature, much like the Gift Letter clarifies that the funds are a gift.
  • Bank Statement: A bank statement provides proof of funds and can support a Gift Letter by showing where the gifted money came from, ensuring transparency in the transaction.
  • Promissory Note: This document is a written promise to pay back borrowed money. It contrasts with the Gift Letter by indicating a repayment obligation, while the Gift Letter confirms no such obligation exists.
  • Gift Tax Return (Form 709): This form is used to report gifts to the IRS. It serves a similar purpose in documenting the transfer of funds, ensuring compliance with tax regulations, much like the Gift Letter does for real estate transactions.
  • Financial Aid Letter: In educational contexts, this letter outlines the financial support a student receives, similar to a Gift Letter in that it clarifies the nature of the assistance provided.
  • Property Transfer Deed: This document formalizes the transfer of property ownership. Like the Gift Letter, it is essential for ensuring that the transaction is clear and legally recognized, though it pertains to property rather than cash gifts.

Misconceptions

Understanding the Gift Letter form is crucial for anyone receiving financial assistance for a home purchase. However, several misconceptions can lead to confusion. Here are seven common misunderstandings:

  1. Gift Letters Are Only for First-Time Homebuyers: Many believe that only first-time buyers need a gift letter. In reality, anyone receiving a financial gift for a home purchase may need to provide this documentation, regardless of their buying history.
  2. Gift Letters Must Be Notarized: Some think that a notarized gift letter is necessary. While notarization can add credibility, it is not a requirement for most lenders.
  3. Only Family Members Can Give Gifts: A common belief is that gifts can only come from family. However, friends and other individuals can also provide financial assistance, as long as the relationship is disclosed.
  4. Gift Letters Are the Same as Loans: Some confuse gift letters with loan agreements. A gift letter clearly states that the money is a gift and does not need to be repaid, distinguishing it from a loan.
  5. Gift Letters Are Unimportant to Lenders: Many underestimate the significance of a gift letter. Lenders require this documentation to ensure that the funds are indeed a gift and not a disguised loan.
  6. There’s No Specific Format for a Gift Letter: Some believe any written note suffices. While the content is crucial, lenders often prefer a formal letter that includes specific information about the gift.
  7. Gift Letters Can Be Submitted After Closing: It’s a misconception that gift letters can be provided after the home purchase is complete. Lenders typically require the letter before closing to verify the source of funds.

Clearing up these misconceptions can help ensure a smoother home buying process. Always consult with your lender for specific requirements related to gift letters.

Understanding Gift Letter

  1. What is a Gift Letter?

    A Gift Letter is a document that confirms a financial gift given to a borrower, usually for a home purchase. This letter serves as proof that the funds are a gift and not a loan, which is important for mortgage lenders. It typically includes details such as the amount of the gift, the donor's relationship to the borrower, and a statement that the money does not need to be repaid.

  2. Who needs to provide a Gift Letter?

    Anyone receiving a financial gift to help with a home purchase may need to provide a Gift Letter. This often applies to first-time homebuyers or individuals who are using gifted funds as part of their down payment. The lender will usually require this document to ensure that the borrower can meet their financial obligations without the burden of repaying the gift.

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

    A Gift Letter should contain several key pieces of information:

    • The donor's name and contact information
    • The recipient's name
    • The amount of the gift
    • The relationship between the donor and the recipient
    • A statement confirming that the funds are a gift and do not need to be repaid
    • The date of the gift
  4. Is a Gift Letter required for all loans?

    No, a Gift Letter is not required for all loans. However, if a borrower is using gifted funds as part of their down payment or closing costs, lenders will typically require this documentation. It’s essential to check with the lender to understand their specific requirements regarding Gift Letters.