Trust income can qualify a borrower, but the continuity requirement is non-negotiable. Lenders must verify that the income will continue for at least three years after the loan closes. Without that confirmation, the income cannot be used regardless of its current size.
Continuity of Income Requirement
- ✦Fannie Mae: trust income must continue for at least three years from the note date
- ✦Freddie Mac: same three-year continuity test applies
- ✦FHA: income used must be expected to continue for at least three years
- ✦VA: no specific continuity threshold but income must be shown to be stable and reliable
Documentation Requirements
Required documentation includes a copy of the trust document showing the payment terms and distribution schedule, evidence of current receipt through bank statements showing deposits for the most recent 12 months, and a trustee letter confirming the ongoing payment terms and that no provision would terminate distributions within three years. If distributions are discretionary and the trustee has the option to pay or not, that income generally does not qualify.
Revocable vs. Irrevocable Trusts
Irrevocable trusts with defined, mandatory distribution schedules are the most straightforward to qualify. Revocable trusts are more complex; if the borrower controls the trust and can revoke or modify distributions, some lenders treat those distributions as non-qualifying. If the borrower is also the trustee with discretion over payment amounts, the income is generally excluded. Engage the lender's underwriting team early on any file involving trust distributions to confirm their overlay position.
Aria can pull the exact Fannie or Freddie guideline language on trust income and identify specific documentation gaps in your file. Ask at vicariointel.com.
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