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Collections, Charge-Offs, and Judgments: What You Actually Have to Pay Off to Get a Mortgage

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Borrowers with derogatory accounts on their credit report usually assume that everything has to be paid off before a lender will approve them. That assumption is wrong often enough that it costs people money. Some accounts must be paid at or before closing. Some can stay open with no effect at all. Some do not have to be paid but get counted against your debt-to-income ratio anyway. Which category an account falls into depends on the type of account, the loan program, and, on conventional loans, the type of property you are buying.

This guide walks through what conventional, FHA, and VA each require, with the specific dollar thresholds, and explains why paying off a collection before talking to your lender can actually work against you.

The Four Categories

Underwriting treats these as account types with different rules.

Collection Accounts

A debt the original creditor has handed off or sold to a collection agency. FHA defines it as a borrower’s loan or debt that has been submitted to a collection agency by a creditor. Collections are the most common category and, in most scenarios, the most forgiving.

Charge-Offs

An account the creditor has written off as a loss on its own books. The debt still exists and can still be collected, but the creditor has stopped treating it as an asset. Charge-offs on non-mortgage accounts are handled similarly to collections under most program rules.

Judgments

A court has ruled that you owe a debt. This is the hardest category across every loan program, because a judgment is enforceable through legal means and can become a lien against property. Judgments are treated far more strictly than collections of the same dollar amount.

Liens

A legal claim against property. Tax liens, mechanic’s liens, and materialmen’s liens fall here. Anything that could affect the lender’s lien position on the property you are financing has to be dealt with, without exception.

One more distinction that cuts across all four: medical debt is treated more favorably than consumer debt under every major program. Keep medical accounts separated from non-medical ones when you inventory your report, because the totals are calculated differently.

Conventional Loans: Property Type Drives Everything

Fannie Mae’s rules for collections and non-mortgage charge-offs are not one rule. They are four rules, sorted by what kind of property you are financing. This is the part borrowers and even some originators get wrong.

One-Unit Primary Residence: No Payoff Required

For a one-unit principal residence, Fannie Mae does not require borrowers to pay off outstanding collections or non-mortgage charge-offs, regardless of the amount. That is the actual standard, stated in the Selling Guide. A borrower buying a single-family home to live in can carry substantial non-medical collections on the credit report and still qualify without paying them.

Two- to Four-Unit Owner-Occupied and Second Homes: The $5,000 Line

For two- to four-unit owner-occupied properties and second homes, collections and non-mortgage charge-offs totaling more than $5,000 must be paid in full prior to or at closing. Under the cumulative total, no payoff is required on that basis.

Investment Properties: The Strictest Conventional Tier

For investment properties, individual collection and non-mortgage charge-off accounts equal to or greater than $250, and accounts that total more than $1,000, must be paid in full prior to or at closing.

Manually Underwritten Loans

For manually underwritten conventional loans, non-medical collections and charge-offs on non-mortgage accounts do not have to be paid off if the balance of an individual account is less than $250 or the total balance of all accounts is $1,000 or less. Above those limits, they must be paid at or prior to closing.

Medical Collections

Medical collection accounts are excluded from all of the limits above and are not required to be paid in full at or prior to closing, under either automated or manual underwriting.

One Practical Trap

If the lender marks a collection account as “Paid By Close” in the online loan application, DU will issue a message in the findings stating that the collection must be paid. In other words, a data entry choice can create a payoff condition that the guidelines would not otherwise require. If you are on a one-unit primary residence and a payoff condition appears for a collection, it is worth asking how the account was coded.

Sources: Fannie Mae Selling Guide B3-5.3-09, DU Credit Report Analysis; Fannie Mae Selling Guide B3-6-07, Debts Paid Off At or Prior to Closing

FHA Loans: The $2,000 Threshold and the 5 Percent Rule

FHA takes a different approach. Rather than requiring payoff based on property type, FHA looks at the cumulative balance of collection accounts and, above a threshold, forces the debt into your debt-to-income calculation.

The Rule

If the credit reports used in the TOTAL Mortgage Scorecard analysis show cumulative outstanding collection account balances of $2,000 or greater, the lender must do one of three things:

  • Verify the debt is paid in full at the time of or prior to settlement, using acceptable sources of funds.
  • Verify the borrower has made payment arrangements with the creditor, and include that monthly payment in the borrower’s DTI.
  • If a payment arrangement is not available, calculate a monthly payment using 5 percent of the outstanding balance of each collection and include that in the borrower’s DTI.

FHA does not necessarily require you to pay the collection. It requires the debt to be accounted for. The third option, the 5 percent calculation, is where borrowers get hurt, because 5 percent of a balance is a much larger monthly figure than any regular payment plan would be.

What the 5 Percent Rule Does to a File

A borrower has $6,000 in non-medical collections and no payment arrangement. FHA requires 5 percent of that balance, or $300 per month, to be added to the debt-to-income calculation.

Assume gross monthly income of $8,000, other monthly debts of $700, and a proposed housing payment of $2,200. Without the collections, the debt-to-income ratio is about 36 percent. With the $300 imputed payment added, it rises to roughly 40 percent. For a borrower with room to spare, that is survivable. For a borrower already near the program limit, it is the difference between an approval and a decline.

Now assume the same borrower documents a payment arrangement with the collection agency at $100 per month. The lender uses the actual $100 instead of the imputed $300, and the ratio lands near 37.5 percent. Same debt, materially different outcome, based solely on whether a documented arrangement exists. This is why negotiating a payment plan is sometimes better than either ignoring the debt or draining savings to pay it off.

Exclusions and Additions

  • Medical collections are excluded from the $2,000 cumulative total.
  • In community property states, collection accounts of a non-borrowing spouse must be included in the $2,000 cumulative balance and analyzed as part of the borrower’s ability to pay, unless excluded by state law. This catches borrowers who assume a spouse left off the loan is also left out of the math.

Charge-Offs Under FHA

FHA does not require charge-offs on non-mortgage accounts to be paid as a condition of approval, and charge-off balances are not included in the DTI calculation. The underwriter may still want documentation or a letter of explanation, particularly on a manually underwritten file, where explanations tend to be requested per account regardless of amount.

Source: HUD Handbook 4000.1, FHA Single Family Housing Policy Handbook

VA Loans: Pattern and Judgment Rather Than Thresholds

VA does not publish a cumulative collection threshold comparable to FHA’s $2,000 rule. VA credit underwriting requires that all debts and obligations be verified and rated, and directs underwriters to develop the facts of each case. The analysis focuses on whether the derogatory credit reflects an isolated set of circumstances or an ongoing pattern of disregard for obligations, and whether the borrower has since re-established satisfactory credit.

In practice, isolated collections on an otherwise satisfactory profile are frequently acceptable on a VA loan without payoff. Judgments are treated more seriously and generally need to be satisfied or on a documented repayment arrangement.

The same wrinkle applies here as with disputes: VA has no automated scorecard of its own, so VA files are generally run through DU or LPA. Agency system behavior can surface on a VA file even though VA’s own rules are more discretionary.

Source: VA Pamphlet 26-7, Lenders Handbook, Chapter 4: Credit Underwriting

Judgments and Liens: The Category With the Least Flexibility

If collections are the forgiving category, judgments are the opposite, and the rules diverge sharply by program.

Conventional

Delinquent credit, including taxes, judgments, charge-offs of non-mortgage accounts, tax liens, mechanic’s or materialmen’s liens, and any liens with the potential to affect Fannie Mae’s lien position or diminish the borrower’s equity, must be paid off at or prior to closing. Open judgments and outstanding liens in the public records section of the credit report are identified in the DU findings and must be paid. There is no payment-plan alternative.

FHA

FHA allows a path that conventional does not. A judgment must be paid in full, or the borrower must document a valid agreement with the creditor and show at least three months of scheduled payments made on time. Importantly, the borrower cannot prepay scheduled payments in order to reach the three-payment minimum. The payments have to happen on schedule, which means this path requires lead time measured in months, not days.

Federal Tax Debt

Delinquent federal income taxes approved for payment through an IRS installment agreement can sometimes be treated as a monthly debt obligation rather than paid in full. But under Fannie Mae’s rules, they must be paid in full at or prior to closing if there is any indication that a Notice of Federal Tax Lien has been recorded against the borrower in the county where the subject property is located. Whether a lien has been recorded, and where, changes the answer entirely.

Sources: Fannie Mae Selling Guide B3-6-07; HUD Handbook 4000.1

Side-by-Side Comparison

Account typeConventional (Fannie Mae)FHAVA
Collections, 1-unit primary residenceNo payoff required regardless of amount.Cumulative $2,000 or more triggers payoff, documented payment plan, or 5 percent of balance in DTI.Underwriter analysis. Isolated collections often acceptable without payoff.
Collections, 2-4 unit owner-occupied or second homeTotaling more than $5,000 must be paid at or before closing.Same $2,000 rule applies regardless of property type.VA is primary-residence financing, so this generally does not arise.
Collections, investment propertyIndividual accounts of $250 or more, and totals above $1,000, must be paid.Not applicable to FHA primary-residence financing.Not applicable.
Non-mortgage charge-offsSame thresholds as collections, by property type.Not required to be paid. Not included in DTI.Underwriter analysis.
Medical collectionsExcluded from all limits. Never required to be paid off.Excluded from the $2,000 cumulative total.Treated favorably in the overall analysis.
JudgmentsMust be paid off at or prior to closing. No payment-plan option.Paid in full, or a documented agreement with at least three months of on-time payments already made. No prepaying to qualify.Generally must be satisfied or on a documented repayment arrangement.
Tax liens and liens affecting lien positionMust be paid off at or prior to closing.Must be resolved or under a valid documented repayment agreement.Must be resolved.

Lender overlays sit on top of every cell in this table. Plenty of lenders require collections to be paid off on a one-unit primary residence even though Fannie Mae does not, simply as internal policy. That is a lender choice, not an agency requirement, and it is one of the clearest cases where shopping the file changes the answer.

Why Paying Off a Collection Can Work Against You

The instinct to clean up the credit report before applying is understandable, and sometimes it is right. But there are three specific ways paying a collection at the wrong moment causes problems.

It Can Lower Your Score

Paying a collection does not remove it from your credit report. Depending on the scoring model in use, satisfying an old collection can register as recent activity on a derogatory account, and some borrowers see their score move down rather than up in the short term. On a file where the credit score determines the loan program, the pricing tier, or eligibility itself, a score drop days before closing is a serious problem.

It Spends Money You May Need in Reserves

Cash after closing is one of the strongest compensating factors available to a borrower with credit challenges. Using $6,000 to clear collections that the guidelines never required you to pay, and arriving at closing with no cushion, can weaken the file more than the collections did. Under FHA, that same $6,000 could have been handled with a documented payment arrangement instead.

It May Not Have Been Required

This is the most common and most expensive version. A borrower buying a one-unit primary residence with a conventional loan pays off collections that Fannie Mae explicitly does not require to be paid. The money is gone, the score may have moved the wrong way, and nothing about the approval changed.

The rule that follows from all three: inventory the accounts, then talk to your loan officer, then decide what to pay. Not the other way around.

How to Approach This Before You Apply

Inventory Every Account by Category

Pull your tri-merge report and build a simple list: each account, the balance, whether it is a collection or a charge-off or a judgment or a lien, and whether it is medical or non-medical. The totals within each category are what determine your requirements, so the categories have to be right before any of the thresholds mean anything.

Confirm the Accounts Are Actually Accurate

Some derogatory accounts on credit reports are wrong, duplicated, or past the reporting period. Verifying accuracy before you pay anything is basic diligence. But the timing of a formal dispute matters a great deal in a mortgage transaction, and an open dispute flag can create its own underwriting problems. See our guide on how disputed accounts affect a mortgage application before filing disputes close to applying.

Match the Program to Your Profile

Given how differently the three programs treat the same accounts, the choice of loan program is not neutral. A borrower with $9,000 in non-medical collections buying a single-family primary residence has a materially easier path on conventional than on FHA. A borrower with a recent judgment has an easier path on FHA than on conventional, provided there is time to establish three months of documented payments.

Negotiate Documented Payment Arrangements Where They Help

Under FHA, a documented arrangement replaces the 5 percent imputed payment with the real one. Under FHA judgment rules, an arrangement with three months of payments made is an alternative to full payoff. Both take time to set up and season, which is another argument for starting this work months ahead of an application rather than weeks.

Get Documentation for Everything You Resolve

Payoff letters, settlement agreements, written payment arrangements, court satisfaction of judgment filings, and proof of payments made. Underwriters need documentation, not assurances, and chasing paperwork from a collection agency during a closing window is a familiar way for deals to slip.

Why Lender Choice Matters on These Files

The agency rules described above are published and identical everywhere. What is not identical is how lenders apply them. Overlays are common on derogatory credit, and a meaningful number of lenders require collections to be paid on files where Fannie Mae does not. Some will not manually underwrite. Some are far more comfortable with judgment repayment arrangements than others.

That variation is precisely why a file with collections, charge-offs, or judgments benefits from being shopped rather than submitted to a single lender. As an independent wholesale broker, Alpine Mortgage works with lenders across the range of overlay policies and manual underwriting appetite. For related reading, see our guides on how to get a mortgage with bad credit, what to expect from mortgage pre-approval, and manual underwriting.

author avatar
Steven Parangi Licensed Mortgage Loan Originator
Steven Parangi is a licensed mortgage loan originator (NMLS #76024) and attorney with over 20 years of experience in residential home lending. As the founder of Alpine Mortgage, Steven works directly with borrowers to review their mortgage options and assist them throughout the home financing process. Content published on AlpineBanker.com is reviewed regularly by Steven to reflect current lending guidelines and market conditions.

* Specific loan program availability and requirements may vary. Please get in touch with a mortgage advisor for more information.