Reasons for the current FHA scrutiny of gifts?

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Discussion Overview

The discussion centers on the scrutiny by the Federal Housing Administration (FHA) regarding monetary gifts used for home purchases, exploring the reasons behind the requirement for documentation such as affidavits of gift and bank statements. Participants examine potential abuses and the implications of these regulations in the context of real estate transactions.

Discussion Character

  • Debate/contested
  • Conceptual clarification

Main Points Raised

  • Some participants suggest that the regulations may have arisen from abuses where individuals misrepresented loans as gifts to enhance their financial statements for mortgage applications.
  • Others argue that the issue may be simpler, pointing out that borrowers might falsely claim gifts when they are actually loans that need to be repaid.
  • There is a mention that personal loans from family or friends cannot be counted as down payments, which some participants affirm.
  • A participant recalls that in the past, banks did not investigate the source of down payments, implying that the gift affidavit requirement is a recent development.
  • Another viewpoint raises the possibility that the government aims to mitigate small-scale money laundering through real estate transactions by enforcing stricter documentation for gifts.

Areas of Agreement / Disagreement

Participants express differing views on the motivations behind the FHA's scrutiny and the implications of the regulations. There is no consensus on the specific abuses that led to these requirements, and the discussion remains unresolved regarding the historical context and effectiveness of the regulations.

Contextual Notes

Participants reference various assumptions about the nature of financial transactions and the historical practices of banks, but these assumptions are not universally agreed upon. The discussion highlights a lack of clarity regarding the timeline of regulatory changes.

Stephen Tashi
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Recently, I've encountered two examples of how the Federal Housing Adminsitration requires banks to scrutinize borrowers who acknowledge receiving gifts of money to help purchase a house. The banks require an "affidavit of gift" document from the giver and a copy of a bank statement showing that the gift funds were withdrawn from an account - a copy with the account number showing, not redacted.

What abuses led to these regulations? Were people doing a type of pyramid scheme where they borrowed money from one bank and gifted it to themselves to bolster the financial statements they submitted to a different bank?
 
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It's probably simpler than that. People telling the bank it was a gift when in fact it was a loan from a friend\relative that had to be repaid.
 
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Yes you can’t count a personal loan from a family member or friend as a down payment
 
BWV said:
Yes you can’t count a personal loan from a family member or friend as a down payment

That rule may be an old one, but when I bought my house in the 80's, the bank didn't investigate where I got the down payment. I have the impression that the gift affidavit is recent requirement. Is that correct?
 
Could the government be trying to reduce small-scale money laundering via real estate transactions? Small scale since the OP stipulates an FHA loan, not a buyer plunking down bags of money in an all-cash transaction.

Suppose people launder small amounts of money, below $10,000 USD, as apparent gifts to FHA home buyers. Demanding gifts be from legitimate banking transactions might close that avenue.
 

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