If a borrower does not have enough money to pay for the required down payment, it is permissible to have a relative give the borrower the money for the down payment.

With an FHA loan, the entire down payment amount can come from a relative.  The gift donor must sign a letter stating that the funds do not have to be paid back.  The donor must be able to show that they are able to provide the funds (a bank statement showing the money has not just recently been deposited into their account is sufficient), and the borrower must show receipt of the funds (a bank statement or deposit ticket is needed).

With a conventional loan, the rules are slightly different.  A relative can give a gift to the borrower for the down payment, but the borrower must contribute the minimum required down payment themselves (usually 5%).  The exception to this is if the gift is for at least 20% of the purchase price.  Then, the relative can give the borrower the entire down payment and the borrower doesn't have to contribute any money at all.  The documentation requirements are slightly different, too.  The donor does not have to show that they are able to afford the gift - they just need to show that they have given it to the borrower.  The borrower still needs to show that they have received the gift, and the gift letter still needs to be signed.

 
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7 Comments on Gift Funds Used for the Down Payment - What are the Rules?

AUG
21
161,905 Points 1 Featured Post

Confusing these days....glad people like you are on top of it, though :)

11:59am • #1
Outside Blog

are the rules the same for condo and coop sales

12:04pm • #2

Michelangelo -- Yes, the rules for gift funds are the same, regardless of the type of property.

12:38pm • #3
SEP
19

I was recently told that the individual was responsible for 5% of the downpayment...not 5% of the purchase price...is that right?

 

For example, on a property costing 400,000 dollars. I could be gifted $40,000 for a 10% downpayment and I would be required to provide 5% of that $40,000 ($2000), instead of $20,000 which would be 5% of the purchase price...

Caitlin
6:43pm • #4
SEP
21

Caitlin -- No, you have been given incorrect advice.  The rule is that the borrower must make the entire minimum downpayment requirement by themselves, unless the gift is for 20%, in which case the borrower doesn't need any of their own money.

If your lender insists that he is correct, ask him to read the Fannie Mae underwriting guidelines.  If he doesn't know where to find the guidelines, get another lender.

The above only applies to conventional (non-government) loans.  For FHA loans, the borrower doesn't need any money.  The relative can gift the entire downpayment, even if it's the minimum of 3.5%.

1:02pm • #5
OCT
22

I am trying to qualify for a conventional loan.  purchase price 233,000 with a loan amount of 215,000.  The problem I think is am I able to receive a gifted amount of money as the LTV is at or slightly above 90%? The gift amount would be sixteen thousand.  I am able to bring to the table cash in the amount of 13,500. Thank you for your help :) 

Mike Abadia
5:44pm • #6

Mike -- I left you a message about this.  Yes, you can do this and get a gift from a relative as long as 5% of the purchase price comes from your own funds.  Give me a buzz and I can go over all the details.

Chris Thomas   303-345-3683

7:13pm • #7

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Chris Thomas

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