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A Gift Affidavit is a sworn statement that can be used to document the gifting of property. If you've received or given a gift, you might have to prove it wasn't a loan or financial transaction with a Gift Affidavit.
Gift letters are required by mortgage lenders as documentation to prove that the funds received are a gift, not a loan, and that the donor is not involved in the home purchase. Different loan types have different guidelines for down payment gifts, and the rules vary by property type.
This could include things like a signed gift deed or bill of sale from the giver, as well as testimony from witnesses who saw the transfer of ownership take place. If you're trying to prove that stocks or other intangible assets are gifts, it may be more difficult to do so without some concrete evidence.
Yes, a gift letter is legally binding. The information on the letter is used and relied upon by multiple parties, and both the donor and recipient are expected to be bound to the terms of the gift letter.
It needs to include: Their name. Your name. The total amount given. A statement that it is a gift. A statement that the gift has no commercial interest. Confirmation that the gift giver has no stake in the property. Confirmation that the gift giver can afford to give you the money.