Credit · Fannie Mae Selling GuideCollections, judgments and liens: what must be paid before closing
Buyers often ask whether old collections must be paid before they can close. Fannie Mae's Selling Guide (B3-5.3-09, DU Credit Report Analysis) answers by account type. Accounts reported as past due – not as collections – must be brought current. For a one-unit principal residence, collections and non-mortgage charge-offs don't have to be paid off, regardless of the amount. For two- to four-unit owner-occupied homes and second homes, collections and non-mortgage charge-offs totaling more than $5,000 must be paid in full at or before closing. For investment properties, any single collection or charge-off of $250 or more, and accounts totaling more than $1,000, must be paid in full at or before closing. Medical collections are excluded from these limits and never have to be paid at closing. Open judgments and all outstanding liens in the public records section of the credit report must be paid off at or before closing, with proof of payment and of the funds used kept in the loan file. Mortgage delinquencies are stricter: a mortgage 60 or more days past due reported in the last 12 months makes the loan ineligible, and a past-due mortgage can't simply be brought current before closing to get around it. If a disputed tradeline matters to the approval, the lender must investigate it, and a borrower who isn't responsible for the account – or can disprove the negative information, for example with canceled checks – provides documentation.
Collections and non-mortgage charge-offs (B3-5.3-09)
1-unit principal residence
No payoff required, regardless of the amount.
2–4 units owner-occupied, second home
Paid in full at or before closing if the total is over $5,000.
Investment property
Paid in full if any one is $250+ or the total is over $1,000.
Medical collections
Excluded from the limits – never required to be paid at closing.
Must be handled before closing
- Open judgments and outstanding liens in the public records – paid off at or before closing.
- Past-due accounts (not collections) – brought current.
- A mortgage 60+ days late in the last 12 months makes the loan ineligible – catching up before closing doesn't fix it.
What the TC can do
- Ask the lender early whether any judgment or lien must be paid from closing funds.
- Make sure the payoff of a judgment or lien appears on the settlement statement or is documented before closing.
- If a title search shows a judgment against the buyer or seller, send it to the lender and closing agent right away.
Questions buyers ask
Do I have to pay off collections to get a mortgage?
On a Fannie Mae loan for a one-unit principal residence, no – regardless of the amount. For 2–4 units and second homes, collections over $5,000 in total must be paid; investment properties have lower limits (Selling Guide B3-5.3-09).
Do judgments have to be paid before closing?
Yes. Open judgments and outstanding liens in the public records section of the credit report must be paid off at or before closing.
Do medical collections have to be paid before closing?
No. Medical collection accounts are excluded from the limits and aren't required to be paid in full at or before closing.
Can I bring a late mortgage current right before closing?
Not to get around the rule: a mortgage 60+ days past due reported in the last 12 months makes the loan ineligible, unless the lender documents it wasn't the borrower's fault, such as a lost payment.
Related guides
Add 'Lien or judgment payoff confirmed' as a task with an owner and due date on the deal in ClosingCode, so it is settled before closing day.
Start free trialSources: Fannie Mae Selling Guide B3-5.3-09, DU Credit Report Analysis (August 5, 2026), and B3-5.2-03, Accuracy of Credit Information in a Credit Report (July 25, 2017), read at selling-guide.fanniemae.com on October 26, 2026.
General information, not financial or credit advice. The lender decides. ClosingCode is software; it is not a lender. This guide is not a substitute for the advice or services of an attorney.