Silent Partner HELOC for down payment

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Hi all If I have a silent partner who just wants to use his HELOC to cover downpayment, does he have to provide this at closing, or is he able to just give me a check and i deposit it into my account then use it for the downpayment? Are there tax issues with this? Thanks in advance for any advice or thoughts Erik

I would think the bank would ask you where you got the down payment, and if it wasn't yours then the silent partner should insist on their name being on the mortgage/title to make sure they have ownership!  If they are willing to just give you money without signing a contract that is very risky for them!