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Gift Of Equity Letter For Mortgage Template for United States

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Key Requirements PROMPT example:

Gift Of Equity Letter For Mortgage

"I need a Gift of Equity Letter for Mortgage to document transferring $150,000 in equity from my parents' home to me, which I'm purchasing at below market value with closing scheduled for March 15, 2025, and need to submit this to Wells Fargo for mortgage approval."

Document background
The Gift of Equity Letter for Mortgage is commonly used in the United States when a property owner, usually a family member, wants to sell their property to a relative at a price below market value. This document formally declares the amount of equity being gifted, confirms the voluntary nature of the transaction, and satisfies lender requirements for mortgage approval. It's particularly important for tax purposes and must comply with federal and state gift tax regulations. The letter helps prevent future disputes and provides clear documentation for both parties and lending institutions.
Suggested Sections

1. Date and Location: Current date and property location details

2. Parties Information: Full legal names and addresses of both donor and recipient, including their relationship

3. Property Details: Legal description of the property and its current fair market value

4. Gift Amount: Specific amount of equity being gifted

5. Gift Declaration: Clear statement that this is a genuine gift with no expectation of repayment

6. Signatures: Donor's signature with notarization

Optional Sections

1. Tax Implications: Statement acknowledging gift tax implications, used when gift exceeds annual exclusion limit

2. Source of Funds: Declaration of where the equity originated, used when required by specific lenders

3. Prior Gifts: Statement about any other gifts made in the same tax year, used for tax reporting purposes

Suggested Schedules

1. Property Appraisal: Recent appraisal documenting fair market value

2. Property Title: Current title documentation showing donor's ownership

3. IRS Form 709: Gift tax return form if gift exceeds annual exclusion amount

4. Proof of Relationship: Documentation proving family relationship between donor and recipient if required by lender

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses















Industries

Internal Revenue Code: Federal tax regulations governing gift tax implications and reporting requirements for equity gifts in real estate transactions

FHA Guidelines: Federal Housing Administration requirements for gift of equity documentation when used with FHA-backed mortgages

GSE Requirements: Fannie Mae and Freddie Mac specific requirements for gift of equity documentation in conventional loans

Bank Secrecy Act: Federal regulations for monitoring and reporting large monetary transactions, including real estate transfers

Dodd-Frank Act: Federal regulations affecting mortgage lending practices and consumer protection in real estate transactions

State Property Transfer Laws: State-specific regulations governing the transfer of real property ownership and documentation requirements

State Gift Tax Laws: State-specific tax implications and reporting requirements for gifts of equity in real estate

State Real Estate Regulations: State-specific rules governing real estate transactions and required disclosures

State Mortgage Lending Requirements: State-specific regulations for mortgage lenders regarding gift of equity documentation and verification

Title Insurance Requirements: Documentation and verification requirements from title insurance companies for gifts of equity

Lender Documentation Requirements: Specific documentation and verification requirements set by individual mortgage lenders for gifts of equity

Local Recording Requirements: County or municipal requirements for recording property transfers involving gifts of equity

Anti-Fraud Provisions: Federal and state regulations designed to prevent fraudulent real estate transactions and ensure transaction legitimacy

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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