Utah Declaration of Cash Gift with Condition

State:
Multi-State
Control #:
US-01974BG
Format:
Word
Instant download

Description

Liquidated damages may be incorporated as a clause in an agreement when the parties to the agreement agree to the payment of a certain sum as a fixed and agreed upon payment for doing or not doing certain things particularly mentioned in the agreement. It is the amount of money specified in a contract to be awarded in the event that the agreement is violated, often when the actual damages are difficult to determine with specificity.

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FAQ

Most underwriters will ask for statements from the donor to verify that they had the money available to gift. The gift-giver must also sign a Gift Letter stating their relationship to you (the buyer), the amount of the gift, and the understanding that the money is a gift, and is not expected to be paid back.

Requirements. To make an effective gift inter vivos or causa mortis, the law imposes three requirements: (1) the donor must deliver a deed or object to the donee; (2) the donor must actually intend to make a gift, and (3) the donee must accept (see Figure 36.1 "Gift Requirements").

You must fully document the source of the donor's funds. Besides providing banking information, the donor must provide proof the money was already in the account the gift funds are coming from that means the donor must provide a bank or investment statement.

Most important of all: The donor is signing a statement that no repayment, either in money or services, is expected. The lender needs to be sure (a) you're not assuming another debt when receiving the funds; and (b) your gift donor has no lienable claim against the property. There is a common-sense explanation for (b).

If you received a monetary gift to help with your mortgage down payment or closing costs, then you will need a gift letter from the donor saying you do not have to pay it back. The letter should make clear that the money is a gift and not a loan.

You'll need to get a gift letter from the person who gives you money. A gift letter assures your lender that the sudden influx of cash in your account is a gift and not a loan. Your lender might also ask your donor for withdrawal slips from the transaction.

Do all lenders require a gift letter? Yes, all lenders will require a gift letter. Although you may have the funds, the lender needs to confirm that you won't have to repay the gift. Plus, the lender must ensure that the funds came from a legitimate source.

Here's what your gift letter should include:The donor's name, address and phone number.The donor's relationship to the client.The dollar amount of the gift.The date the funds were transferred.A statement from the donor that no repayment is expected.The donor's signature.The address of the property being purchased.

So, you have a gift fund donor, that's great! However, gift funds must be documented so your lender can confirm the source of the money this is in order to ensure that this money is a true gift and not a loan in disguise which can affect your DTI (debt-to-income ratio).

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Utah Declaration of Cash Gift with Condition