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Title · Fannie Mae B7-2-05Title exceptions that can block a mortgage – and the ones Fannie Mae accepts

Fannie Mae will not buy a loan on a property with an unacceptable title impediment, particularly unpaid real estate taxes and survey exceptions; where surveys are not customary the lender provides an ALTA 9 endorsement, and where neither is customary the title policy must not have a survey exception. Minor impediments are acceptable if they do not materially affect marketability. The Selling Guide (updated October 7, 2026) lists them: public utility easements underground and covered, not under buildings; above-ground utility easements along property lines (or drainage along the rear line) extending no more than 12 feet and not interfering with buildings or use; mutual easements for shared driveways or party walls that future owners can use without restriction; restrictive covenants, cost, size or setback restrictions whose violation cannot forfeit title or create a lien and do not hurt value; encroachments of a foot or less onto a neighbor's land by eaves, overhangs or driveways, with at least ten feet between the buildings and that property line; encroachments onto neighbors' land that are only hedges or removable fences; oil, water or mineral rights customarily waived, if they do not alter the land's contour or impair its value; boundary differences between the appraisal and the records of up to 2% on the front line and 5% elsewhere; rights of lawful parties in possession for no more than two years and without a recorded right of first refusal; and minor description discrepancies covered by a survey and affirmative title insurance. A property still within a foreclosure or tax-sale redemption period is acceptable only in states where such sales are customary and with affirmative title coverage.

Not acceptable

  • Unpaid real estate taxes.
  • Survey exceptions (use a survey, or an ALTA 9 endorsement where surveys are not customary).
  • Any impediment that materially affects marketability.
  • Tenant or occupant rights longer than two years, or a recorded right of first refusal.

Minor impediments Fannie Mae accepts

  1. Underground utility easements

    In place and covered, not under buildings or improvements.

  2. Above-ground utility or drainage easements

    Along property lines, no more than 12 feet in, not interfering with buildings or use.

  3. Shared driveways and party walls

    Mutual easements all future owners can use without restriction.

  4. Covenants and setbacks

    If a violation cannot forfeit title or create a lien and value is not hurt.

  5. Small encroachments onto a neighbor

    Eaves, overhangs or driveways of a foot or less, with 10 feet between the buildings and that line; hedges or removable fences.

  6. Mineral, oil or water rights

    Customarily waived ones that don't change the land's contour or impair value.

  7. Boundary differences

    Up to 2% on the front line, 5% on other lines.

  8. Description discrepancies

    Minor ones, with a survey and affirmative title coverage.

What the TC can do

  • Read the title commitment's exceptions the day it arrives and send anything unusual to the agents and lender.
  • Ask whether a survey or an ALTA 9 endorsement is needed in that county.
  • Flag any lease, option or right of first refusal on record – it can stop the loan.

Questions buyers and agents ask

Can a fence encroachment stop a mortgage?

Encroachments onto a neighbor's land that are only hedges or removable fences are minor impediments Fannie Mae accepts; larger encroachments may not be (Selling Guide B7-2-05).

Are utility easements a problem for a conventional loan?

Usually not: underground ones not under buildings, and above-ground ones along lot lines extending no more than 12 feet and not interfering with buildings or use, are acceptable minor impediments.

Can I get a mortgage on a home still in a redemption period?

Only in states where such sales are customary, with a title policy that affirmatively insures against loss from a redemption and requires the loan to be paid off from the redemption proceeds.

ClosingCode's checklist has a "Review title commitment" step two weeks in – the moment to check its exceptions against this list.

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Source: Fannie Mae Selling Guide B7-2-05, Title Exceptions and Impediments (10/07/2026), selling-guide.fanniemae.com, read October 26, 2026.

General information about Fannie Mae conventional loans, not legal advice. The title company and the lender decide on a specific exception. ClosingCode is software; it is not a title company or law firm and is not a substitute for the advice or services of an attorney. This guide is not a substitute for the advice or services of an attorney.