(800) 239-1103

I’m Michael DiVita — DRE #01372066 | NMLS #241655, DiVita Home Finance (DRE #01818285 | NMLS #323700), Tiburon, CA. I’ve been in California mortgage lending since 2000 and founded DiVita Home Finance in 2007. I’m known as a creative mortgage broker: when a bank says no, I find the lender and the loan structure that can say yes. Call (800) 239-1103.

If your accountant is good at their job, your tax returns probably show far less income than your business actually brings in. That’s the point, for tax purposes. It becomes a problem when you apply for a mortgage. This is how a self-employed Sonoma County restaurant owner bought his first home after two banks turned him down.

The Situation

A restaurant owner in Santa Rosa had been renting for 12 years. His business — a casual dining concept with two locations — had been profitable for nearly a decade. He wanted to buy a $1.1 million home in the Sonoma Valley, and he had $275,000 saved for a 25% down payment, a 742 credit score and no consumer debt.

On paper he had every reason to qualify, except one: his tax returns showed very little income.

After depreciation on equipment, vehicle expenses, cost of goods, wages and ordinary business expenses, his returns showed net income of roughly $62,000 a year. Two banks declined him at pre-approval based on that number alone.

The Challenge

Conventional loans (Fannie Mae and Freddie Mac) qualify self-employed borrowers on their tax returns — generally two years of net income after business deductions (one year in some cases for businesses open five years or more). There’s no box for “but the business deposits a lot more than that.” If the returns show $62,000, the underwriter uses $62,000.

His business accounts told a different story: about $487,000 a year in deposits.

The Solution: A 12-Month Bank Statement Loan

A bank statement loan is a non-QM mortgage built for self-employed borrowers whose tax returns understate what they can afford. Instead of tax returns, the lender reviews 12 or 24 months of business or personal bank statements and calculates income from the deposits. Because it’s non-QM, the lender still has to make a reasonable, good-faith determination that the borrower can repay — it just uses different documents to do it.

Here’s how we built the file:

  • 12 months of business bank statements. We totaled deposits from both business accounts, then removed transfers between his own accounts and one-time deposits such as equipment sale proceeds, leaving his recurring business revenue.
  • Expense factor. The lender applied a 50% expense factor to those deposits, which put his qualifying income at about $243,000 a year — nearly four times the tax-return figure.
  • Strong credit and reserves. His 742 score, no consumer debt and remaining savings after the down payment put him comfortably inside the lender’s guidelines.
  • CPA letter. His accountant confirmed he’d been self-employed for more than seven years and described the business — a standard part of most bank statement files.

The Outcome

DetailResult
Purchase price$1,100,000
Down payment25% ($275,000)
Loan amount$825,000
Loan type12-month bank statement, non-QM, 30-year fixed
Tax returns used for incomeNo
Qualifying income (from statements)About $243,000 a year
Days to close32
Banks that declined him first2

He closed on his first home in 32 days. The rate was higher than a conventional loan — that’s the tradeoff with non-QM — but the payment fit comfortably within his real cash flow. And because non-QM loans can be refinanced, he has the option of moving to a conventional loan later if his tax returns start to show more income.

How Bank Statement Income Is Calculated

Lenders vary, but the basic math looks like this:

  1. Add up eligible deposits for 12 or 24 months.
  2. Remove transfers between your own accounts, loan proceeds, and one-time or non-business deposits.
  3. Apply an expense factor to business-account deposits — a fixed percentage set by the lender, or in some programs a lower ratio documented by your CPA. Personal-account programs often use 100% of eligible deposits.
  4. Divide by 12 or 24 to get monthly qualifying income.

In this case: $487,000 × 50% = $243,500 a year, or roughly $20,300 a month.

The Lesson for Self-Employed Borrowers

A decline from a retail bank isn’t the end of the road. It usually means you went to a lender that only offers tax-return-based loans. Bank statement loans, P&L loans, 1099-only loans and asset depletion loans all exist for exactly this situation, and a broker with access to many wholesale lenders can compare them side by side.

What makes the difference is packaging: cleaning up the deposit analysis, explaining large or unusual deposits before the underwriter asks, and choosing the program and statement period that show your income most accurately. That’s where I spend my time on self-employed files.

Frequently Asked Questions

Can I get a mortgage if my tax returns show low income?

Yes. Bank statement loans qualify you on 12 or 24 months of deposits instead of tax returns. Rates are typically higher than conventional loans, and down payment requirements depend on the lender, loan size and credit.

How much down payment does a bank statement loan need?

It varies by lender, loan amount and credit score. Many programs allow 10–20% down for a primary home, with larger down payments often earning better pricing. This borrower put 25% down.

Can I refinance out of a bank statement loan later?

Yes. If your tax returns later show enough income, you can refinance into a conventional loan. Check whether your non-QM loan has a prepayment penalty — most owner-occupied loans don’t, but investor loans often do.

Related Resources


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DiVita Home Finance | Tiburon, CA | In lending since 2000, founded DiVita Home Finance in 2007. Michael DiVita DRE #01372066 | NMLS #241655. Company DRE #01818285 | NMLS #323700.

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Michael DiVita

Mortgage Broker & Owner, DiVita Home Finance, Inc.  •  DRE #01372066  •  NMLS #241655

Michael DiVita is a California mortgage broker known for creative financing: when a bank says no, he finds the lender and the loan structure that can say yes. In lending since 2000, he founded DiVita Home Finance in 2007 and shops more than 40 wholesale lenders for jumbo, self-employed, non-QM and other complex loans. Based in Tiburon, CA, and licensed in California, Oregon and Colorado.

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CA DRE #01818285  |  Michael DiVita CA DRE #01372066  |  Member, CAMP

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