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Income, Debts and Qualifying

Can Trust Income Be Used to Qualify for a Mortgage?

Trust income can count if the trust documents show regular payments to you that will continue for at least three years. Lenders review the trust paperwork, not just your deposits.

By Dane Foxworthy, NMLS #2577438

Yes, but the trust document controls more than the bank statement does

Trust income can be used for conventional mortgage qualification. The lender isn't simply looking for recurring deposits. It has to establish what the trust requires or permits, how you receive the income, whether the amount is fixed or variable, and whether the income can continue long enough to support the mortgage.

That makes trust income fundamentally different from a salary. You may have received the same deposit every month for years, but the lender still needs to understand the legal and financial source behind those deposits.

Fannie Mae accepts several ways to verify the trust

Current Fannie Mae guidance allows the lender to document trust income with one or more of the following: the trust agreement, a trustee statement when you aren't the trustee, the trust’s federal tax returns, or a letter from an accountant or attorney who reviewed the trust documents when the primary documents aren't available or when you are the trustee.

The documentation has to establish the amount, frequency and type of income and when the trust was created.

Fixed trust payments and variable trust payments aren't underwritten the same way

For fixed trust payments, the lender uses the fixed amount documented by the trust and converts it to a monthly figure when needed.

Fannie Mae generally requires the trust to have been established for at least 12 months, but there is an important exception when the documents show fixed payments, you aren't the grantor, and at least one payment is received before closing.

Variable trust payments normally require a 24 month history. Fannie Mae allows 12 to 24 months to be considered when other positive factors reasonably offset the shorter history. The lender develops an average of the income received rather than simply using the latest or highest payment.

At least one month of receipt has to be documented

The lender must document receipt of trust income for at least one month using bank statements, canceled checks or other evidence of electronic payment. For variable payments, the two year trust income history also has to be supported with you’s or trust’s tax returns as specified in the guide.

Continuance depends on what is actually funding the trust

A trust is a legal structure, not a single income type. If the trust income is generated by something that doesn't require a three year continuance test under the applicable rules, the lender follows the nature of that underlying income.

If a fixed trust payment is being drawn from a depleting pool of assets, the lender has to document that the income can continue for at least three years from the application date.

That is the underwriting question hidden underneath the trust: is this income produced by an ongoing source, or is the borrower consuming a finite asset balance?

Using trust assets for closing can reduce the income support

If trust assets are also being used for the down payment, closing costs or reserves, Fannie Mae requires those amounts to be subtracted before the lender determines whether the trust can continue supporting the income. This can surprise borrowers who think of the trust as both an income stream and an unlimited source of closing funds.

Example: a fixed $8,000 monthly trust distribution

Assume a trust directs a fixed payment of $8,000 per month to you. The trust has $900,000 of assets supporting the distribution and the lender determines a three year continuance test applies because the payment is coming from depleting assets.

Three years of $8,000 payments equals $288,000. If you also plan to take $300,000 from the same trust for the down payment and closing, the lender has to evaluate the remaining trust assets, not the pre closing balance.

The point isn't that this example establishes a universal asset requirement. It shows why using the same trust for income and closing funds has to be modeled together.

A recently created trust isn't automatically unusable

Recent trusts deserve close review, but the age rule isn't simply “the trust must be two years old.” Fixed payment trusts may qualify with less history under the exception described above. Fannie Mae also provides a separate path for certain trusts created in the previous 12 months using eligible employment related assets, provided the applicable asset income rules are satisfied.

What borrowers should send before preapproval

  • The complete trust agreement or the best available verification document.
  • A trustee statement when appropriate.
  • Recent evidence showing the payments are actually being received.
  • Two years of applicable tax returns when payments are variable.
  • Current trust or asset statements when continuance depends on asset balances.
  • A clear estimate of any trust assets that will be used for down payment, closing costs or reserves.

Bottom line

Trust income can be excellent qualifying income, but the lender has to underwrite both the payment and the structure behind it. Fixed versus variable payments, the trust’s age, proof of receipt, the underlying income source and remaining assets can all change the answer. Send the trust documents early; this isn't an income source to explain three days before closing.

Common questions

What documents do I need to use trust income?

Usually the trust agreement or a trustee letter showing the amount, how often you're paid and how long it will last, plus proof you're receiving it.

Can I use money from a trust for my down payment?

Often yes, if you have access to the funds and can document the withdrawal.

Does trust income need to continue for three years?

Yes. Most lenders want proof it will continue at least three years after closing.

Talk it through with Dane.

You do not need to be ready to apply. Send the property, the question or the plan, and I will tell you what I see.