How Gift Funds Are Documented for Underwriting
The documentation process begins with the gift letter, which is prepared and signed before or at the time the funds are transferred. The gift letter establishes the donor’s intent, the gift amount, and the relationship between donor and borrower. Next, the transfer itself must be documented. If the donor writes a check, the lender needs a copy of the cancelled check (or a copy of the check and the donor’s bank statement showing the debit). If the donor wires the funds, the wire transfer confirmation serves as documentation.
The borrower’s receipt of the funds must appear on a bank statement or be documented through the closing disclosure if funds are wired directly to the closing agent. If the gift arrives as a large deposit on the borrower’s bank statement during the underwriting period, the underwriter will issue a condition requiring the gift letter and supporting documentation. All documents must be consistent in amounts, dates, and account numbers. Any discrepancies between the gift letter amount and the actual transfer amount will require explanation or a revised gift letter.
How Donors Document Their Ability to Give
Lenders require evidence that the donor has sufficient funds to provide the gift. This is typically satisfied by a bank statement, investment account statement, or other financial statement from the donor showing a balance sufficient to cover the gift amount. The statement must be recent (within the most recent statement cycle). The donor’s account number may be partially redacted for privacy, but the name, institution, balance, and relevant transaction must be visible.
If the donor liquidates assets (such as selling stocks or withdrawing from a retirement account) to fund the gift, the lender may need documentation of the liquidation transaction in addition to the account statement. The goal is to confirm that the gift funds came from a legitimate and documented source, not from an undisclosed loan or transaction involving prohibited parties.
How Gift of Equity Transactions Are Structured
In a gift of equity transaction, the seller (who must be a family member for most programs) agrees to sell the property below the appraised market value. The lender orders an appraisal to establish the current market value. The mortgage is based on the lower of the appraised value or the purchase price for LTV purposes (with the gift of equity treated as the borrower’s down payment). The settlement statement reflects the actual (lower) purchase price, and the gift letter documents the difference between the appraised value and the sale price as the gift of equity.
No cash changes hands for the equity portion of the gift. The seller simply receives less than market value at closing. The borrower benefits from an immediate equity position without needing to provide a cash down payment. If the gift of equity exceeds 20% of the appraised value, no mortgage insurance is required on a conventional loan. This structure is particularly common in intergenerational property transfers where parents want to help children purchase a home they already own.
Related topics include first-time homebuyer programs and benefits, co-signers and co-borrowers on a mortgage, non-occupant co-borrower rules and guidelines, down payment assistance programs explained, and special borrower situations: a decision guide.