Earnest Money Gift Letter for the United States

Earnest Money Gift Letter Template for United States

An Earnest Money Gift Letter is a formal document used in United States real estate transactions to document that funds provided for earnest money deposits are a genuine gift, typically from a family member to a homebuyer. This document satisfies federal and state regulatory requirements, including those of mortgage lenders and the IRS, by confirming that the money is not a loan and does not need to be repaid. The letter includes detailed information about the donor, recipient, gift amount, and property being purchased.

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What is a Earnest Money Gift Letter?

The Earnest Money Gift Letter serves as a crucial document in U.S. real estate transactions where homebuyers receive financial assistance from family members or permitted donors for their earnest money deposit. This document is typically required by mortgage lenders to verify that the funds are truly a gift and not a disguised loan that could affect the buyer's debt-to-income ratio. The letter must comply with federal regulations, including FHA guidelines when applicable, and state-specific requirements. It provides essential documentation for tax purposes and helps prevent money laundering by clearly establishing the source and purpose of funds.

What sections should be included in a Earnest Money Gift Letter?

1. Donor Information: Full legal name, address, and contact information of the person giving the gift

2. Recipient Information: Full legal name, address, and contact information of the person receiving the gift

3. Property Information: Address and details of the property being purchased

4. Gift Amount Declaration: Specific dollar amount being gifted and statement that it is a gift with no repayment expected

5. Relationship Declaration: Statement of the relationship between donor and recipient

6. Source of Funds: Statement describing the origin of the gift funds

7. Signatures: Signature blocks for donor and recipient with date

What sections are optional to include in a Earnest Money Gift Letter?

1. Additional Donor Certification: Additional certifications or statements required by specific mortgage lenders

2. Wire Transfer Details: Banking information and wire transfer instructions when gift will be transferred electronically

What schedules should be included in a Earnest Money Gift Letter?

1. Proof of Funds Documentation: Bank statements or other documentation showing donor has funds available

2. Transfer Documentation: Wire transfer receipts or check copies showing transfer of funds

3. Identification Documents: Copies of donor's identification documents when required by lender

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Mortgage Document

Cost

Free to use

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