Wednesday

Not All Down Payment Funds Are Created Equal!


Anatomy of a Down Payment

When you decide to purchase a home, one of the first questions you’ll be asked when it comes to financing is, “How much of a down payment can you make?”  The down payment is the amount of money you put towards the purchase price of a home including the percentage down plus closing costs.  If you would like to put 10% down toward a $300,000 purchase price and your closing costs are $4,000, the total funds needed would be $34,000.  Some lenders may also require “reserves” which is extra cash or assets you have after the closing.  Reserves ensure that you have a financial cushion in case of any unforeseen circumstances that might impact your income or expenses.

Most conventional loans require a minimum down payment of at least 5% from the borrower’s “own” funds.  Some special loan programs such as those provided through IHDA, FHA or USDA do not have a borrower “own” funds requirement.  Your mortgage consultant will guide you through the program differences to choose the best option for your situation.

           Borrower's "own" funds are those funds which have been in the borrower's bank accounts for over
             two months as verified by the most recent two months' statements without any large deposits
             appearing.  Large deposits are defined as a single deposit that exceeds $1,000 or is sometimes
             tied to a percentage of your total monthly qualifying income for the loan.  Generally speaking,
             large deposits are acceptable under some circumstances as described further in this newsletter. 
 
So, what types of assets are eligible for your down payment and what are some red flags to watch out for?  To help you understand the types of assets that are considered eligible to apply toward your down payment, I created this guide for easy reference. 

1.            Bank Accounts:  Bank accounts include savings accounts, checking accounts, certificates of deposit, and money market accounts to which you have immediate access.  Lenders need to review at least your last two months bank statements prior to your loan application.  If you receive quarterly and yearly bank statements that are more than 30 but less than 90 days old, they will be accepted as long as you can verify that the funds are still available.  If you have a joint bank account and one or more of the account holders are not part of your loan application, you’ll need to provide a signed letter from each of those holders confirming that you have access to all of the funds in the account.
 
Large, non-payroll deposits, typically larger than $1,000, need to be sourced.  If the large deposit is not from the borrower’s “own” funds, they may or may not be accepted as eligible assets to use toward the down payment.  Some examples of deposits to be questioned and verified are:  secured loans, business assets, gift funds, reimbursements, proceeds from the sale of assets, transfer of minor accounts, and trust funds. 

2.            Secured Loans:   Any borrowed funds must be identified for down payment eligibility as an acceptable source.  Generally speaking, any funds borrowed and secured against borrower’s “own” assets are eligible.  For example, if you borrow funds from a 401k account, these are acceptable funds for your down payment.

 3.            Business Assets:   May be an acceptable source of funds for down payment, closing costs and financial reserves when a borrower is self-employed and the individual federal income tax returns have been evaluated  by the lender, including, if applicable, the business federal income tax returns for that particular business.  The borrower must be listed as an owner of the account and the account must be verified.  The lender will request a business cash flow analysis from your accountant to confirm that the withdrawal of funds will not have a negative impact on the business. 

4.            Gift Funds:  Gift funds from a relative are usually an acceptable source of funds, however, the lender must perform an evaluation to quantify how much of the down payment must be from the borrower’s “own” funds.  For example, let's say the purchase price is $200,000 and the borrower wishes to put down 10%.  The minimum down payment from borrower's "own" funds is 5%, or $10,000.  The remaining $10,000 plus closing costs may come from gift funds.   If borrower is making a 20% down payment, all funds may be from a gift.  If acceptable, the gift must be verified by a donor’s gift certificate and paper trail showing the transfer of gift funds.

5.            Wedding Gifts:  May be acceptable with a copy of the wedding certificate and invitation.  Acceptability is conditioned upon the underwriter’s judgment based upon a number of other underwriting factors including debt ratios, credit score, and percentage down.

6.            Stocks, Stock Options, Bonds and Mutual Funds:  Vested assets in the form of stocks, government bonds, and mutual funds are acceptable sources of funds for the down payment, closing costs and reserves provided their value can be verified.  The lender must verify the borrower’s ownership of the account or asset.  The value of the asset and any related documentation must meet underwriting requirements and the asset must be liquidated prior to closing and the paper trail submitted for approval. 

7.            Retirement Funds:  These include IRA, SEP IRA, 401(k), KEOGH, and other IRS qualified retirement plans.  They may be verified with a copy of the most recent monthly quarterly statement which states that you are the account owner, as well as the value of the account.  If you will be liquidating the funds, this will need to be done prior to closing and the paper trail documented.  Watch out for penalties which can equal at least 10% of your balance plus taxes on the withdrawn funds.  If you are borrowing from a 401(k), the lender will need to see the note and terms of your loan and the paper trail for the deposited funds.  When funds are used to meet reserve requirements, you aren’t required to withdraw the funds from the account.  All retirement accounts require written conditions under which borrower has access to the funds. 

8.            Individual Development Accounts (IDA):  An IDA is a matched savings account that helps people save towards the purchase of a lifelong asset, such as a home.  If you have one, you must have regularly deposited money that is matched by a municipality, non-profit or religious organization, your employer, or a regional Federal Home Loan Bank.  IDA’s may be used to meet down payment requirements.

9.            Trust Accounts:  Funds disbursed from a borrower’s trust account are an acceptable source for the down payment, closing costs and reserves provided the borrower is the beneficiary and has immediate access to the funds.  All trust accounts require written conditions under which borrower has access to the funds. 

10.          Net Proceeds from Sale of Real Estate:  If you currently own a home that is listed for sale that will close prior to your purchase, your lender will allow the net sales proceeds to be used towards your down payment.  Generally speaking, the lender will use 90% of the sale price minus your mortgage balance.

11.          Sale of Personal Property:  You can use the proceeds from the sale of your personal property as a source of funds for down payment, closing costs and reserves.  An example would include the sale of a car or musical instrument.  The bill of sale, closing statement and verified deposited funds are required. 

12.          Cash Value of Life Insurance:  This may be an option if you have an insurance policy that accumulates value (sometimes called a “whole life policy”).  You may be able to use some or all of the policy’s value toward down payment, closing costs and reserves. 

13.          Bridge Loans:  If you happen to have a home for sale, some bridge loans are a form of second mortgage secured by your current home.  By using funds from this loan, you may be able to close on a new home before selling your present home.  In other words, bridge loans help “bridge” the gap between money that you expect from sale proceeds of your current home and money applied toward your new purchase loan, when there is a time gap between the two transactions.  Your mortgage consultant will help you understand if you are eligible for this type of financing.

14.          Foreign Assets:  If you’ve been employed or have maintained accounts overseas, you can use these funds, provided certain requirements are met. 

15.          Note Receivable:  In layman’s terms, a Note Receivable is an IOU.  Officially, it’s an asset that contains a written promissory note from another party.  For example, if you lent someone money and they have repaid the loan, the note and paper trail of repaid funds going into your account will be required for eligibility. 

If you need more information or would like assistance determining if your assets are eligible to be included as your down payment, I would be happy to help you!  Please contact me at:

Diane Pyshos, Senior Mortgage Consultant
A & N Mortgage Services, Inc.
Email:    dianep@anmtg.com
Phone: 312-909-9718
Licensed in IL, IN and MI
NMLS #137800 Company ID #19291

Note:  There may be tax implications or penalties associated with liquidating certain accounts.  Please consult your accountant for further guidance.   We do not provide tax advice.  We are not a licensed insurance agency.  There may be penalties and tax implications associated with surrendering your policy.  Please consult with your insurance provider and accountant for additional guidance. 

 

 




[1]  Borrower’s “own” funds are those funds which have been in the borrower’s bank accounts as verified by the most recent two months’ statements without any large deposits appearing (typically larger than $1,000).  Generally speaking, large deposits are acceptable if they are eligible secured loans, eligible gift funds, verifiable reimbursements, verifiable loan repayments, and eligible business funds.  The list of acceptable funds is contained in this newsletter.