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FHA Mortgages: Documenting the Transfer of Gift Funds

By
Mortgage and Lending with Keystone Home Finance - NMLS#834342 - Conventional - FHA - VA -USDA - Jumbo Programs - Direct Phone 412-726-1654 NMLS# 137243
FHA Mortgages and Gift Funds

 

FHA Mortgages allow borrowers to use Gift Funds to meet the 3.5% down payment requirement.  When using Gift Funds to purchase a home it is important that Gift Funds be documented properly to avoid any issues with the FHA underwriting process.  The primary intention of these rules is too make sure that the FHA borrower is not also borrowing their required 3.5% downpayment and that these funds truly are a gift.  

Acceptable sources for these gifts  

  • a borrower' relative
  • a close friend with a clearly defined and documented interest in the borrower
  • a charitable organization
  • a government program that provides down payment assistance

 

How to accurately document these funds is as follows... 

 

If the gift funds ...

Then the lender must ...

 Are already in the borrower’s account

 

obtain 

·   a copy of the withdrawal document showing that the withdrawal was from the donor’s account 

· the borrower’s deposit slip 

· bank statement showing the deposit

 

 

Are to be provided at closing, and 

· are in the form of a certified check from the donor’s account

 

obtain

 

· a bank statement showing the withdrawal from the donor’s account, and

·  copy of the certified check 

 

 

Are to be provided at closing, and 

·  are in the form of a cashier’s check, money order, official check, or other type of bank check

 

· have the donor provide a withdrawal document or cancelled check for the amount of the gift, showing that the funds came from the donor’s personal account

  

Reference  

HUD 4155.1 Chapter 5, Section B 5-B-1

 

 

 

Elite Home Sales Team
Elite Home Sales Team OC - Corona del Mar, CA
A Tenacious and Skilled Real Estate Team

I really like to see the informative blogs like this one for the public.

May 04, 2012 10:15 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Keith, proper documentation is the key when it comes to gift funds. Thanks for pointing out exactly what documentation is required.

May 04, 2012 10:54 PM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

You've made it crystal clear about how to use Gift Funds to purchase using FHA ! A Like and Reblog ?

May 04, 2012 11:09 PM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

EXCELLENT post!  I always like to say that the documentation and "trail" of funds must be like a story ... and the story needs to be of a certain length.  You point this out clearly, making it very easy for all to understand.  Well done!

Gene 

May 04, 2012 11:54 PM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Just finished working on one of these...remarkable program to have and use...good post

May 05, 2012 12:02 AM
Rob Spinosa
US Bank - Larkspur, CA
Mortgage Loan Originator, Marin County

Great post and something every Realtor should know.   The sourcing and papertrailing of gifts and deposits is not getting any less attention these days and it's to everyone's benefit that this process is kept in mind as any deal is structured.

Thank you.

May 05, 2012 12:23 AM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Keith, a perfect post that I can forward to my buyers - as I am working with a few FHA buyers and at times, they just don't listen to multiple requests from the lenders....

May 05, 2012 04:05 AM
Phaedra Hubbard
My Florida Home Store - Clearwater, FL
Clearwater, Dunedin, Palm Harbor Real Estate Exper

Great post...preparing the buyers the best we can with fha...this is a common one that comes up at the last minute.

May 05, 2012 04:22 AM
Jo Olson
HOMEFRONT Realty - Kettle Falls, WA
Retired - HOMEFRONT Realty @ LAKE Roosevelt

Keith, very informative.  I have a buyer that is currently receiving gift funds.  I always tell my buyers to make sure they speak with their lender so the process is handled per standards.  

May 05, 2012 06:06 AM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Keith - A clearly defined and documented interest. . . that seems like interesting and broad terminology.

May 05, 2012 03:42 PM
Kevin O'Rourke - Keller Williams Miami Beach Realtor
Keller Williams Miami Beach Realty - Miami Beach, FL
CDPE Miami Short Sale Agent 305-520-9436
Thanks for laying it all out so clearly. I will share this with my FHA buyers
May 05, 2012 07:59 PM
Mark Corbett
The Buyer's Choice - Providence, RI

Keith, Great Post! If the buyer is going to be using gift funds, I always recommend that the buyers get funds upfront, so they don't get a surprize at the closing if the person giving the funds changes their mind.

May 06, 2012 03:25 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

GREAT post !  Sooo many borrowers...especially first timers are using this and we ALL need to know the requirements.

May 06, 2012 09:07 PM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

Keith -- very well presented.   We have run into some lenders having an "overlay" (their own rule) that we need to be able to prove the person providing the gift, has the assets to provide the gift -- i.e. a copy of their bank statement (sometimes they want one before and after the gift, showing it was actually pulled from their account.

May 07, 2012 06:30 AM