source:
  type: guide
  id: fnma-sel-b8-5-02
  authority: Fannie Mae Selling Guide B8-5-02 — Inter Vivos Revocable Trust Mortgage
    Documentation and Signature Requirements
  description: Fannie Mae Selling Guide B8-5-02 — Inter Vivos Revocable Trust Mortgage
    Documentation and Signature Requirements.
  coverage_tier: operative
obligations:
- id: fnma-sel-b8-5-02-full
  canonical_id: fnma-sel-b8-5-02-full
  section: Fannie Mae Selling Guide B8-5-02 — Inter Vivos Revocable Trust Mortgage
    Documentation and Signature Requirements
  type: do
  tags:
  - regulator-direct
  - fnma
  - selling-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Fannie Mae Selling Guide B8-5-02 — Inter Vivos Revocable Trust Mortgage
      Documentation and Signature Requirements
    source_class: fnma-guide
    source_url: https://singlefamily.fanniemae.com/media/document/pdf/selling-guide
    snapshot_id: 5f7b8b79da595d76
    fetched_at: '2026-05-25T14:09:57Z'
    content_hash: sha256:98cf85a02861bbe84914a0e339b327c8fc131869a8a573882007bbeea60c5701
    paragraph_quote: 'B8-5-02, Inter Vivos Revocable Trust Mortgage Documentation
      and Signature Requirements (10/31/2017) Introduction This topic contains information
      on the mortgage documentation and signature requirements for revocable trusts,
      including: Execution and Signature Requirements Signature Requirements When
      the Borrower is Individual and Inter Vivos Revocable Trust is Mortgagor Trustee
      Exclusion from Personal Liability Deﬁning the Responsible Borrower in an Inter
      Vivos Revocable Trust Requirements for Revocable Trust Riders Requirements for
      Amended Security Instrument Requirements for Standard Security Instrument and
      No Rider Indemniﬁcation Execution and Signature Requirements The note must be
      executed in accordance with E-2-04, Signature Requirements for Mortgages to
      Inter Vivos Revocable Trusts. The trustee(s) of the inter vivos revocable trust
      also must execute the security instrument and any applicable rider. Each individual
      establishing the trust whose credit is used to qualify for the mortgage must
      acknowledge all of the terms and covenants in the security instrument and any
      necessary rider, and must agree to be bound thereby, by placing their signature
      after a statement of acknowledgment on such documents. Any other party that
      Fannie Mae requires to sign either the mortgage note or the security instrument
      also must execute the applicable document(s). E-2-04, Signature Requirements
      for Mortgages to Inter Vivos Revocable Trusts, includes the form of signature
      for the trustee(s) and the statement of acknowledgment for each individual establishing
      the trust whose credit is used to qualify for the mortgage. Signature Requirements
      When the Borrower is Individual and Inter Vivos Published May 6, 2026 905 Revocable
      Trust is Mortgagor When one or more inter vivos revocable trusts eligible under
      B2-2-05, Inter Vivos Revocable Trusts hold title to the mortgaged property (alone
      or with another eligible inter vivos revocable trust), only an individual who
      is both grantor and primary beneﬁciary of one of the trusts may be a borrower
      and must sign the note in their individual capacity. In addition, each inter
      vivos revocable trust, acting through its trustee(s), is required to sign the
      note in connection with its grant of the mortgage. The inter vivos revocable
      trust may sign the note without recourse so that its liability for repayment
      of the note is limited to its interest in the mortgaged property. Such non-recourse
      status does not aﬀect or otherwise limit the personal liability of the individual
      establishing the inter vivos revocable trust under the note, and is in addition
      to the limitations on personal liability for certain trustees of inter vivos
      revocable trusts in the Selling Guide. When an individual borrower has a direct
      ownership interest in the property, no other person (including a trust) is required
      to sign the note (except other borrowers). Trustee Exclusion from Personal Liability
      Certain trustees may request exclusion from personal liability under the mortgage
      instruments. Lenders may agree to such requests, subject to the following conditions:
      Institutional trustees and individual trustees (other than individuals serving
      as trustees who both established the trust and whose credit is used to qualify
      for the mortgage) may be excluded from personal liability under the security
      instrument. Institutional trustees and individual trustees (other than individuals
      serving as trustees whose credit is used to qualify for the mortgage, including
      individuals who established the trust) may be excluded from personal liability
      under the mortgage note. Lenders that agree to modify the mortgage instruments
      to include an exclusion from personal liability are responsible for ensuring
      that the modifying language: pertains only to the relevant trustee, does not
      impair the note holder’s power to foreclose, and does not in any way release
      from liability any individual trustee who is not identiﬁed above as being permitted
      to be released from liability. Deﬁning the Responsible Borrower in an Inter
      Vivos Revocable Trust Exhibit E-2-03, Revocable Trust Rider (Sample Language),
      includes sample language for a revocable trust rider. This rider (or a similar
      one appropriately modiﬁed to reﬂect the requirements of speciﬁc states) avoids
      ambiguities for mortgages made to inter vivos revocable trusts by clarifying
      who is considered to be “the borrower” with respect to any given covenant in
      the security instrument. Instead of using a revocable trust rider, the lender
      may either: amend the security instrument to include appropriate deﬁnitions
      and language similar in substance to Published May 6, 2026 906 Fannie Mae’s
      sample rider, or use the standard security instrument without such an amendment
      or the rider. Requirements for Revocable Trust Riders If the lender chooses
      to require a revocable trust rider as additional mortgage documentation, the
      rider must be: executed by the trustee(s) of the inter vivos revocable trust
      and by any other party that Fannie Mae requires to sign the security instrument,
      and acknowledged by each individual establishing the trust whose credit is used
      to qualify for the mortgage. If the mortgage is secured by a California property,
      the lender should use Fannie Mae’s sample rider. If the mortgage is secured
      by property located in another state, the lender should use a rider that has
      been appropriately modiﬁed to reﬂect the requirements of that state (unless
      the lender determines that use of Fannie Mae’s sample Revocable Trust Rider
      is appropriate for the speciﬁc state). Should foreclosure proceedings have to
      be initiated for a mortgage secured by a property located in a state other than
      California, the lender must indemnify and hold Fannie Mae harmless against any
      losses incurred by Fannie Mae that relate either to the modiﬁcations the lender
      made to the Fannie Mae sample rider (or to the inappropriate use of the Fannie
      Mae sample rider), or to any ambiguity in the application of the covenants in
      the security instrument. Alternatively, Fannie Mae may require the lender to
      repurchase the mortgage or the acquired property. Requirements for Amended Security
      Instrument If the lender chooses to amend the security instrument instead of
      using a revocable trust rider, it should follow Fannie Mae’s instructions regarding
      parties who must sign the security instrument, including having only the individuals
      establishing the trust whose credit is used to qualify for the mortgage sign
      a statement of acknowledgment of the security instrument. The lender must indemnify
      and hold Fannie Mae harmless against any losses incurred by Fannie Mae that
      relate either to the lender’s amendment or to any ambiguity in the application
      of the covenants in the security instrument should foreclosure proceedings later
      have to be initiated to acquire the property. Alternatively, Fannie Mae may
      require the lender to repurchase the mortgage or the acquired property. Requirements
      for Standard Security Instrument and No Rider If the lender chooses not to amend
      the security instrument and not to use the revocable trust rider, it must agree
      to indemnify and hold Fannie Mae harmless against any losses incurred by Fannie
      Mae that relate to any ambiguity in the application of the covenants in the
      security instrument should foreclosure proceedings later have to be initiated
      to acquire the property. Alternatively, Fannie Mae may require the lender to
      repurchase the Published May 6, 2026 907 mortgage or the acquired property.
      Indemniﬁcation The lender’s obligation to indemnify Fannie Mae as noted above
      is further described in A2-1-03, Indemniﬁcation for Losses. Recent Related Announcements
      There are no recently issued Announcements related to this topic.'
  judgment: false
