Short answer
Usually yes. Fannie Mae accepts a revocable living trust (an inter vivos revocable trust) as a party to the mortgage when the person who created it is a borrower whose credit qualifies for the loan, and the title insurer gives full coverage. Federal law also generally keeps a lender from calling your loan due just because you move your home into a revocable trust where you stay a beneficiary and keep living there.
What kind of trust works?
A revocable living trust is one you create during your lifetime and can change or cancel at any time. For Fannie Mae loans, one or more people must create it, the main beneficiary must be the person who created it, and at least one person who created it must be a borrower on the loan. Irrevocable trusts and other arrangements follow different rules, so bring the trust documents early.
What does the lender need?
The lender and title company review the trust, or a certification of trust, to confirm who the trustees are and that they can borrow and sign. The trustees usually sign the mortgage for the trust, and the borrowers sign the note as individuals. Your estate planning attorney can provide what's needed.
Can I put my home in a trust after I have a mortgage?
Generally yes. A federal law, the Garn-St Germain Act, bars lenders from enforcing the due-on-sale clause when you transfer your home into a revocable trust where you remain a beneficiary and keep living in the home. Let your servicer know, and check with your attorney and insurer, so the deed, insurance and tax records match.
Does a trust affect New Hampshire tax credits or exemptions?
It can matter for paperwork. Some towns ask for a copy of the trust when you apply for a veterans' credit or elderly exemption on a home held in trust. See NH veterans' tax credits and NH property tax relief.
Sources
- Fannie Mae Selling Guide B2-2-05, Inter Vivos Revocable Trusts
- 12 U.S.C. 1701j-3, Preemption of due-on-sale prohibitions (Cornell LII)
Checked November 2, 2026. Rules and dates change, so confirm current details before you rely on them.
General information only, not tax or legal advice. Program availability, eligibility and terms vary by lender and are subject to change and to underwriting approval. Not a commitment to lend.