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Use an equity gift as the down paymentYes, you can use a gift of equity for some or all of your down payment. Imagine your parents own a home that has a current market value of $200,000. But they agree to sell it to you for $160,000. You could count the $40,000 difference as your down payment.
On page 3 of the Closing Disclosure, the Calculating Cash to Close table and Summaries of Transaction table are disclosed. For transactions without a seller, a Payoffs and Payments table may be substituted for the Summaries of Transactions table and placed before the Alternative Calculating Cash to Close table.
In the case of a family gift, the amount is disclosed as an other credit in the cost to close section of the Loan Estimate (LE) and the Closing Disclosure (CD).
A gift of equity is not allowed when the seller is an estate. This is even true when the buyer is family of the deceased. This will not take the place of a transfer on death deed or a life estate. The only way a gift of equity works is if there is actual equity that already exists.
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.