B3-4.3-09, Earnest Money Deposit (05/04/2022)

The deposit on the sales contract (earnest money) for the purchase of the security property is an acceptable source of funds for both the down payment and the closing costs. See  B3-4.1-04, Virtual CurrencyB3-4.1-04, Virtual Currency for additional information.

If the deposit is being used as part of the borrower’s minimum contribution requirement, the lender must verify that the funds are from an acceptable source. See  B3-4.2-01, Verification of Deposits and AssetsB3-4.2-01, Verification of Deposits and Assets.

A Request for Verification of Deposit (Form 1006) must indicate that the average balance for the past two months was large enough to support the amount of the deposit.

Bank statements must evidence that the average balance for the past two months was large enough to support the amount of the deposit. If a copy of the canceled deposit check is used to document the source of funds, the bank statements must cover the period up to (and including) the date the check cleared the bank account.

If it cannot be determined that these funds were withdrawn from the borrower’s account, additional verification of the source and evidence that the funds have actually changed hands from the borrower to the seller, the real estate agent, the escrow agent, or the settlement attorney should be provided. Large earnest money deposits and deposits that exceed the amount customary for the area should be closely evaluated.

Receipt of the deposit must be verified by either a copy of the borrower’s canceled check or a written statement from the holder of the deposit.