Sunday, October 2, 2022

How Does Gift Of Equity Work

Are There Limits On Gift Amounts

What Does Equity ACTUALLY Mean?

Usually, there arent any limits on the amount of money someone can give you toward your mortgage down payment. However, you may be required to pay a portion of your down payment from your personal funds depending on the property type and the amount you put down. For instance, if you’re purchasing an investment property you may need to use your own funds for the down payment.

Using Gifts With Conventional Financing

Conventional loans backed by Fannie Mae and Freddie Mac allow the borrower to apply financial gifts to the down payment, fees, and closing costs.

The borrower usually does not need their own funds when receiving a gift;if the gift covers the entire down payment and other loan costs.

According to Fannie Mae, the minimum 5% borrower contribution;is only needed when:

  • The gift amount is less than 20% of the purchase price, and the property is 2-4 unit or a second home
  • If the loan amount is over $548,250
  • To clarify, the borrower does not need any of his or her own funds when receiving a gift that covers the entire /first-time-home-buyers-down-payment-gift-money/ payment and closing costs, unless the final loan amount is over $548,250. If the gift amount does not cover all upfront costs, the borrower needs to prove they have the money to cover them, or receive a higher gift amount.

    You may be thinking that its pretty rare for someone to give away enough money to cover the entire down payment and closing costs. But, it happens a lot more than you might think, and has allowed many homebuyers to achieve homeownership much earlier than they would have on their own.

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    How Does Gift Of Equity Work

    In case of such transactions, the sale of a property is made to a family member at a discounted price. The difference between the selling price and the listed price is the amount of gift of equity which can be utilized to either make a down payment or pay-off the debts. In order to execute this, the seller is required to provide a gift letter to the buyer that comprises all the facts in regards to the sale of the property such as the name of the seller, address, contact details, the relationship between the seller and the buyer, dollar value of the gift, declaration statement that no repayment of gift value is required and it should be duly signed by both parties.

    Further, in order to successfully execute the gift transaction, it is mandatory that the seller gets done a paid appraisal of the property and it must state the appraised market value of the property as well as the agreed selling price for the sale of the property. The appraiser is also required to mention the difference between the appraised market value and selling price as a gift of equity value.

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    Gift Of Equity: How It Works

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    When homeowners sell the family home to a loved one, they may wish to do so at a discounted rate. When this happens, the difference between the homes market value and its sale price acts as a gift of equity from the seller to the buyer. A gift of equity is beneficial to the buyer, but there are certain requirements and potential tax implications that both parties should be aware of.

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    Gift Of Equity On Home Purchase Mortgage Guidelines

    This Article Is About Gift Of Equity On Home Purchase Mortgage Guidelines

    What Does Gift Of Equity On Home Purchase Mean?

    There are cases where a relative decides to sell their home to a relative.

    The down payment from the seller is gifted to the home buyer relative.

    • Many times, an elderly parent may want to sell the family home to their son or daughter at a value much lower than the market or appraised value
    • In cases like these where the seller sells their property to a son, daughter, or relative below market value
    • A gift of equity on a home purchase can help the buyer from coming up with either the full or partial down payment or limiting on the home purchase
    • Lenders will require a structured gift of equity on home purchase letter signed with certain verbiage in the letter

    The Main Benefit Of A Gift Of Equity Is For The Buyer

    As you may have learned, the buyer benefits the most from this transaction. Receiving a house for below market value and/or having your down payment covered is no small thing!

    But there are actually benefits to the seller, too. These include a quicker sale and the possibility of keeping a well-loved home in the family.

    Another possible benefit is that, because this type of transaction does not have to involve a real estate agent, the seller may save up to 6% in commissions paid. For example, if a house is $250,000, the savings can equal out to $15,000 kept in-pocket!

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    Two More Things To Note:

  • The gift of equity is subject to the appraisal.
  • An appraisal does two things; it prevents a buyer from overpaying and is also for a lender to help protect the value of a home. While the seller may believe their home is worth $750,000, it may only appraise for $500,000. This is important because if a family member plans to sell the home for 450,000 using a gift of equity, the gift will be $50,000 and not $300,000.

    2. A gift of equity is not allowed when the seller is an estate.

    This is even true when the buyer is a family member of the deceased, and ownership of the property will be subject to a Will.

    This may seem confusing at first, but we can help you through the entire process from start to finish. If you are considering buying or selling a home utilizing a gift of equity, reach out to our team today!

    What Are The Requirements For A Gift Of Equity

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    There are few basic requirements for a gift of equity. One is a gift of equity letter, a letter signed by both parties and details the facts and components of the sale. In addition, there are some other requirements as well:

    • There will need to be a sales contract completed and signed.
    • An official paid appraisal must be completed on the home, usually arranged by the seller.
    • The appraising officers have to note the appraised value of the house and the gift of equity price.
    • All the paperwork has to include the appraised value and the gift of equity value.
    • Another letter noting the gift of equity will be needed at closing.

    Some lending institutions may require a certain minimum credit score. Hence, it is a good idea to call and ask, along with finding out any specifics the institution may require from you or the seller.

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    Does A Gift Of Equity Affect My Taxes

    We are not tax experts and do not give tax advice on this site. You should check with your accountant or tax professional if you plan to give or receive a gift of equity. Whats below is for informational purposes only and may not apply to everyone.

    Making larger equity gifts has two main tax implications. The first is gift tax.

    Gift tax

    The IRSs website says, $2he donor is generally responsible for paying the gift tax. Under special arrangements the donee may agree to pay the tax instead.

    In 2021, the annual gift tax allowance was $15,000. The total for married couples was $30,000. Any gift amount above that may be taxable.

    However, the IRS goes on, $2aking a gift or leaving your estate to your heirs does not ordinarily affect your federal income tax. Confused? Check with a tax professional.

    Capital gains tax

    If and when the new owner sells the home, capital gains may be taxable. Obviously, if the purchase was made at an artificially low price, the sale is likely to show a bigger profit.

    Are There Any Requirements For Using A Gift Of Equity

    To use a gift of equity in a purchase contract, you have to include a specific provision that states the following:

    • Relationship between the seller and buyer
    • Total amount of gift of equity
    • Sellers official paid appraisal completed on the house
    • Appraised value of the house
    • Difference between the appraised value and gift sale price of the property

    The purchase contract also has to include a completed and signed gift of equity letter. Lenders decide on the specifics in the letter, but it should usually cover the following:

    • Contact informationfull name, address, and phone numberof the donor
    • The dollar amount of the gifted equity
    • A statement explaining the relationship between the parties
    • A clause stating that repayment is not necessary

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    Giving The Gift Of Equity

    So, how does the gift of equity work? In a gift of equity scenario, a home is sold below the current market value, and the difference between the actual sales price and the appraised value of the home represents the amount of equity. This is considered a present because there is no expectation that the difference will ever be repaid. In most cases, the recipient will use the gift of equity amount as a down payment on the home.

    In most cases, a gift of equity home can be sold to a child, grandchild, niece/nephew, spouse, or domestic partner.

    When selling your home to a family member, a home appraisal is still necessary. Lenders typically do not approve loans for a home sold for significantly less than its value, so special steps must be taken: The seller must arrange for an official appraisal of the home. The paperwork must include the appraised value of the home, the price the home will sell for, and difference between the two.

    Example Of Gift Of Equity

    Private Equity Professional

    For instance, In 2019, Mr. John sold the house to his daughter for the US $ 100,000 whereas the appraised value of the house is US $1,75,000 then the gift of equity value is US $ 75,000 which exceeds the annual gift exclusion limit for 2019 i.e. US $15,000. This means the excess value of US $ 50,000 will get count toward the lifetime gifting limit and Mr. John has to pay gift tax on the US $ 50,000.

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    How Does A Gift Of Equity Work

    When parties plan to use a financial gift of equity, the homeowner sells the residence to the buyer at a rate below its market value. No money changes hands between the two parties. Instead, the gift creates equity in the home for the buyer. Then, when it comes time to get a mortgage, that equity serves as the buyers down payment rather than having to put down cash.

    Suppose a retired couple was moving to a smaller home and decided to sell their family home to their son and his new wife. The homes value is $200,000, but the parents wish to cover the 20% down payment for their son. Rather than writing their son a check for $40,000, they would simply sell the home to their son for $40,000 less than its market value.

    The $40,000 difference is the gift of equity and serves as the sons 20% down payment. The son is likely to have an easier time getting a mortgage since hell have 20% equity in the home. Hell also avoid paying private mortgage insurance, which is often required for down payments less than 20%.

    Keep The Following Requirements In Mind

    To use a gift of equity, you will need a;contract including specific language, stating:

    • The relationship between the parties
    • Gifted equity amount
    • Any seller paid closing costs

    You will also need a completed and signed gift of equity letter. Mortgages have specific requirements for terminology in gift letters. A complete gift letter contains:

    • The donors name, address, and phone number
    • The dollar amount of the gift
    • A statement that explains the relationship between borrower and seller
    • Verbiage that states that no repayment is necessary

    Here is an approved gift letter format that you can use to get started! Finally, there must also be equity in the property. This is an obvious requirement you cant give what you dont have.

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    Documenting The Source Of Gifted Mortgage Funds

    Another piece of documentation is the source of the funds. Sourcing funds, as its called within the mortgage industry, means showing proof of where the money came from. When dealing with gift funds, sourcing gift funds means providing a bank statement showing that the donor does in fact have enough money to give.

    This is where things can get a bit sticky. Often, the mortgage lender requires the donor to hand over a full copy of his or her bank statements, showing all transactions and personal information. Many donors dont exactly enjoy handing over personal information for a loan thats not even theirs. Anyone receiving a gift should let the donor know upfront about this requirement.

    Using A Gift Of Equity When Purchasing A Home

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    There are times a person may decide to purchase a home from a close family member. Often, its a child who opts to buy a parents home. Perhaps their parents are ready to downsize and selling to a close family member makes sense. It could be for any reason at all.

    In these situations, the parent may want to give some, or all, of the equity theyve built in the home to their child, in the form of a gift. They may do this purely as an act of generosity, or because their child doesnt have enough money available for the down payment. In these situations, the gift of equity serves as the down payment for the child whos buying the home.

    But it doesnt have to be a parent selling to their child. It could be the reverse, or even a transaction between other close family members. There are no hard and fast rules, but most lenders limit gifts of equity between close family members.

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    How To Give A Gift Of Equity

    While it may seem like the gift of equity is a complicated transaction to get through, it isnt that much more complex than giving gift money towards a home purchase. As with the donation of gift money, it is all about having the appropriate documentation. As you can imagine, a gift of this proportion needs to be well documented in order to maintain legitimacy.

    The first thing that a seller should do when giving an equity gift is to have their home appraised. A home appraisal is often conducted in the early stages of a home sale or home purchase anyway, but in this case, its importance is much more serious. In order for the value of the equity gift to be established, the seller needs to know what the house would sell for at the current market price.

    Once the appraisal is completed, and the seller has an idea of how much the home is worth, then the process can really begin. The next step would be to determine how much they would like to sell the home for. When an amount is decided, that value is subtracted from the homes appraised value.

    The resulting figure represents the value or amount of equity that is being gifted to the home buyer. An important thing to keep in mind here is that the seller is allowed to gift any amount they choose. They are actually allowed to gift up to the full appraised value of the home!

    Down Payment Gifts With Usda Loans And Va Loans

    Using gifts on USDA and VA loans is not as common, because these are both zero down payment programs. However, borrowers may find themselves in a situation where they need to receive a gift for these loan types. For instance, if the appraised value is lower than the purchase price or funds are needed for closing costs.

    US Department of Agriculture Rural Development loans allow the use of gift funds to be used to cover any down payment required or closing costs not already covered by the seller. Likewise, Veterans Administration loans allow gifts. For both of these programs, follow the same donor guidelines and documentation procedures as for conventional loans.

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    How Does The Gift Of Equity Work

    A family home can hold a lot of history first steps, first days of school, anniversaries, family reunions, and more. When its time to sell your home, it can be hard to hand over the keys to total strangers. Have you ever thought of selling your family home to your child? Giving the gift of equity offers benefits beyond keeping your home in the family. When you sell your home to a child or other family member below market value, you are also providing them with down payment assistance and the opportunity to afford a home or neighborhood they couldnt swing on their own.

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