Table of Contents
- Introduction and Overview
- Key Finding 1: Before Borrowers Entered Default, They Did Not Receive the Benefits Promised by Higher Education
- Key Finding 2: Before Borrowers Entered Default, They Struggled to Access Affordable Payments amid Financial Insecurity
- Key Finding 3: When Borrowers Entered the Default System, They Got Trapped
- The Default System Needs Reform on Many Levels
- Methods
Introduction and Overview
In the summer of 2022, New America managed focus groups with almost 50 borrowers from across the country who reported holding federal student debt and defaulting on their loans before the COVID-19 pandemic.1 The focus groups included borrowers with a wide range of experiences. Some reported defaulting 20 years ago and communicating about their loans through the mail, and some borrowed and defaulted more recently and checked on the status of their loans online.
But whether focus group participants had been repaying for five or 25 years, most felt similarly about their student loans: hopeless. And they had good reason to feel this way. They entered the default system, which damaged their finances and eroded their economic security. Before they defaulted, many did not receive the benefits promised by higher education and were poorly served by a complex student loan repayment system, experiences that contributed to ongoing financial instability.
The focus group participants reported trying a host of strategies to keep up with their payments. They took on second jobs and worked side hustles. Some reluctantly took whatever financial help family members could offer. Many sought relief from the federal student loan system but were met with a confusing maze of policies and programs, received inadequate or incorrect information along the way, and were not initially aware of how the default system worked or its consequences. These experiences—in addition to their economic instability and the fact that some had spent decades in repayment with no end in sight—chipped away at borrowers’ capacity to manage their student debt while balancing other needs and obligations. As they became more and more overwhelmed, they searched for, but did not find, easily accessible repayment solutions.
These borrowers had options and choices on paper but, in reality, many needed higher education to access a career or move up the economic ladder and needed to take on debt to pay for it. One borrower explained, “it's not like I just don't want to pay this [loan]. I literally cannot afford to.” Focus group participants were often at the mercy of systems and actors not designed for, incentivized around, or held accountable for meeting their needs.
Default was not an active choice made by these borrowers. Rather, by the time they reached default, they had been failed by multiple systems. In the end, many participants internalized these system failures. They felt like they had personally fallen short and expressed embarrassment for not being able to repay. One borrower said that he felt “ashamed and also…like a failure, because I don't have the financial capabilities to pay my loan.” Another had not spoken to his family about defaulting on his student loan and frustration with his higher education experience because he did not “want them to know.”
Many participants also described feeling regretful, and as a result of their own experiences, borrowers reported telling friends and family that education, and borrowing for education, is not always a good deal. These conversations may unfortunately have even dissuaded their loved ones from pursuing college and its potential economic benefits.
As of March 2022, 7.5 million borrowers—close to one in five—were in default on their federal student loans.2 Borrowers default when they miss at least 270 days’ worth of payments,3 and default not only causes family financial insecurity, but it also contributes to the racial wealth gap and related economic disparities. Those most likely to default on their loans—including borrowers of color, particularly Black borrowers; low-income, low-wealth, and low-resource students; those who do not complete a degree or credential; older borrowers; and those that attend for-profit schools, among others—are often least able to afford the severe financial consequences that come with default due to structural racism and discrimination that limit access to wealth-building, educational opportunities, and good jobs.4
Even though defaulting on a student loan is a worst-case scenario for borrowers, there is much we do not know about outcomes for those who default due to the complexity of the system itself, an absence of publicly available data, and a general lack of transparency by the Department of Education (the Department) and its contractors.5 And even less is known about borrowers’ experiences in and perceptions of default.
This report seeks to fill some of these knowledge gaps through an analysis of the six online focus groups mentioned above. It provides a narrative about why borrowers defaulted, the barriers they faced while in default, and how they attempted to bring their loans back into good standing.6 This analysis is focused on student loan default, but in order to fully understand the barriers borrowers face in default and how the higher education and student loan systems can better serve them, stakeholders—including researchers, practitioners, advocates, and policymakers—must better understand borrowers’ pathways to and through it. This paper’s key findings include:
- Key Finding 1: Before borrowers entered default, they did not receive the benefits promised by higher education. They reported going to schools that provided little support, often leaving without a degree or credential, and not being able to find the stable employment they had been promised.
- Key Finding 2: Before borrowers entered default, they struggled to access affordable payments amid financial insecurity. They faced challenges navigating a complex repayment system and accessing all of the safeguards available to keep them out of default. And these tools—and the assistance available to them from the Department and its contractors—were often inadequate and unresponsive to their financial situations. As they struggled to afford their car payments, rent, and child care, they fell farther and farther behind on their student loans.
- Key Finding 3: When borrowers entered the default system, its severe consequences further eroded their financial security. Participants lost track of their loans as they were transferred among different entities, their paychecks turned up short, and their tax refunds were unexpectedly garnished. When it was time to move, credit score damage often meant they could not live in the neighborhoods they wanted to or easily access funds to buy a more reliable car. Many struggled to identify and use available loan discharge options and other pathways to exit default, and others got stuck because they had no affordable way out. Interactions with student loan servicers, collectors, and the Department left many borrowers confused and without adequate aid or information.
In response to the pandemic, the government paused student loan payments and interest for most borrowers and collections for those in default starting in March 2020, and the Biden administration recently extended that pause through no later than June 30, 2023.7 In addition, the administration announced that it would cancel up to $10,000 in student loans for most borrowers—and up to $20,000 for those who received Pell Grants—an action with the potential to wipe out the debt of more than half of those in default and reduce repayment challenges for many others.8 (At the time of publication of this report, court orders had blocked this cancellation. The Biden administration is pursuing appeals and seeking to overturn those decisions.)
The administration, through its Fresh Start program, is also providing temporary relief to defaulted borrowers and a pathway back to repayment for those who are able to make arrangements to access it. These efforts complement a host of additional actions taken by the administration that will provide much-needed and long-overdue protections and benefits for students and borrowers. (See “Recent Initiatives that Benefit Borrowers in Default” for more information about these efforts.)
But current and historic failures in the default system continue to damage vulnerable families’ finances, highlight the need to ensure that plans to support struggling borrowers can be implemented before repayment restarts, and underscore the need for additional relief for those who have been trapped in default. In addition, this analysis provides a framework for designing a more borrower-centered, and less piecemeal, system going forward, including pathways to help borrowers exit default and avoid redefaulting on their loans, protect borrowers’ financial security, and rethink the default system as a whole.
Recent Initiatives that Benefit Borrowers in Default
Over the last two years, the Biden administration has taken actions to provide repayment relief to student loan borrowers, including some that will provide long-overdue and much-needed protections and benefits to those who have defaulted on their loans. They include:
- Extending the Payment Pause: In response to the pandemic, the government paused student loan payments and interest for most borrowers and collections for those in default starting in March 2020. The Biden administration has extended that pause through no later than June 30, 2023 as it pursues appeals of court orders blocking its cancellation initiative.9
- Cancelling Debt: Borrowers with loans held by the Department of Education who made less than $125,000 as individuals or $250,000 as part of couples or households in 2020 or 2021 are eligible for $10,000 in student loan cancellation—and up to $20,000 if they received Pell Grants.10 (As noted earlier, at the time of publication of this report, court orders had blocked this cancellation. The Biden administration is pursuing appeals and seeking to overturn those decisions.)
- Providing Borrowers in Default a “Fresh Start”: The Fresh Start initiative eases the penalties of default for those with eligible loans in default, a benefit that will continue for one year after the payment pause ends.11 During that period, the Education Department will pause collections on most defaulted student loans and will allow most borrowers in default to temporarily regain eligibility for federal financial aid, including federal student loans. In addition, borrowers with defaulted loans will have the opportunity to exit default and reenter repayment in good standing if they are able to make repayment arrangements with the Education Department or the guaranty agency that manages the loans they borrowed in the now-defunct Federal Family Education Loan Program (but this will not happen automatically). Once back in good standing, these borrowers will regain access to income-driven repayment plans, Public Service Loan Forgiveness, and deferments and forbearances (tools that can be used to pause payments), and the default will be removed from their credit histories. If borrowers do not make payment arrangements during the Fresh Start period, they will again be subject to the consequences of default once the temporary program expires.
- Making Income-Driven Repayment (IDR) Plans Easier to Access: IDR plans calculate monthly payments based on a borrower’s income and family size.12 After making 20 or 25 years’ worth of payments, a borrower’s remaining balance is eligible to be forgiven. While time spent in default does not currently count toward forgiveness in any IDR plan, a forthcoming regulatory proposal from the Education Department may allow borrowers to access one of these plans, and its related forgiveness, while in default.13 For those with access to IDR, this proposal would also offer forgiveness after shorter periods for borrowers with low balances, decrease payments for many others, and help borrowers manage balance growth.14
The Department also recently took action to correct past failures in administration of IDR, which will make it easier for borrowers to access these plans and get credit toward loan forgiveness for previous time spent in repayment (but not default).15
- Making It Easier to Qualify for the Public Service Loan Forgiveness (PSLF) Program: PSLF forgives the remaining balances on qualifying loans for borrowers who make 10 years’ worth of payments in a qualifying plan while working for a nonprofit or government agency.16 Like IDR, time spent in default does not count toward PSLF forgiveness. Also like IDR, borrowers have struggled to access PSLF due to program administration failures from the Department and its contractors. Through recent administrative actions and the regulatory process, the Department has made it easier for some borrowers to access and get credit toward forgiveness for PSLF.17
- Making It Easier to Access Loan Discharges: Eligible borrowers—including those in default—who were defrauded by their schools, whose schools closed unexpectedly, or who are permanently disabled, among others, are eligible for loan discharges. Recent actions taken by the Department will make it easier for borrowers to access these discharge programs and make them automatic for more borrowers.18 In addition, the Departments of Education and Justice have developed a more streamlined and transparent process for borrowers seeking a discharge through bankruptcy.19
- Reforming Student Loan Servicing and Collections: When borrowers are in good standing on their loans, servicers, under contract with the Department, manage their accounts, help them access repayment plans and options, and collect payments. Once borrowers default, they are transferred to the Department and, until recently, many were assigned to a private collection agency (also under contract with the Department). The Department and its contractors have a history of providing inadequate information to borrowers, mishandling implementation of existing programs, and lacking strong oversight and standards that lead to borrower success.20 In 2021, the Department ended its contracts with collection agencies—entities that have been accused of misleading and aggressive practices—explaining that the decision was part of a strategy to improve collections, efficiency, and borrower support.21 It has also signaled an intent to reform pieces of the debt collection system through the regulatory process.22
In addition, the Department recently announced the first stages of a procurement that envisions a new role for and stronger oversight of contractors across the repayment and default systems.23 The Department has partnered with other government entities on enforcement actions, and as part of contract extensions until the new system is in place, it strengthened performance standards, transparency, and oversight for existing servicers.24
Even with these reforms, current and historic failures in the default system continue to damage vulnerable families’ finances, highlight the need to ensure that plans to support struggling borrowers can be implemented before repayment restarts, and underscore the need for additional relief for those who have been trapped in default.
Citations
- Participants reported holding federal student loans for their own educations at the time of the focus groups but were not necessarily still in default on those loans. Several participants also reported holding debt for someone else, and some held private student loans in addition to their federal loans.
- Federal Student Aid, “Federal Student Aid Posts Quarterly Portfolio Reports to FSA Data Center,” Electronic Announcement GENERAL-22-43, July 13, 2022, source. While some focus group borrowers may have had older loans from the Federal Family Education Loan Program, unless otherwise noted, this paper refers to and discusses elements of the default system relevant to federal Direct Loans.
- Federal Student Aid (website), “Student Loan Delinquency and Default,” source
- Sarah Sattelmeyer and Jon Remedios, “Race and Financial Security Play Central Roles in Student Loan Repayment,” Pew Charitable Trusts, December 15, 2020, source; Sarah Sattelmeyer, Trapped by Default (Washington, DC: New America, July 27, 2022), source; and Sarah Sattelmeyer, Trapped by Default, Appendices, source
- In addition, the current cohort default rate is an insufficient accountability mechanism, especially during the payment pause.
- While focus groups are not representative, these groups were recruited to ensure a mix of participants by gender, age, race and ethnicity, household income, region, level and sector of education, amount borrowed and owed, presence of children under 18 in the home, and marital/partnership status.
- U.S. Department of Education, “Biden-Harris Administration Continues Fight for Student Debt Relief for Millions of Borrowers, Extends Student Loan Repayment Pause,” Press release, November 22, 2022, source; U.S. Department of Education, “Biden-Harris Administration Announces Final Student Loan Pause Extension through December 31 and Targeted Debt Cancellation to Smooth Transition to Repayment,” Press release, August 24, 2022, source; Federal Student Aid (website), “COVID-19 Emergency Relief and Federal Student Aid,” source; and U.S. Department of Education, “Department of Education Announces Expansion of COVID-19 Emergency Flexibilities to Additional Federal Student Loans in Default,” press release, March 30, 2021, source. According to the Department, "payments will resume 60 days after the Department is permitted to implement the [debt cancellation] program or the litigation [currently blocking this program] is resolved, which will give the Supreme Court an opportunity to resolve the case during its current Term. If the program has not been implemented and the litigation has not been resolved by June 30, 2023—payments will resume 60 days after that."
- U.S. Department of Education, “Biden-Harris Administration Continues Fight for Student Debt Relief"; The White House, “President Biden Announces Student Loan Relief for Borrowers Who Need It Most,” fact sheet, August 24, 2022, source; Ben Miller, Who Are Student Loan Defaulters? (Washington, DC: Center for American Progress, December 14, 2017), source; and Thomas Conkling and Christa Gibbs, “Office of Research blog: Update on student loan borrowers during payment suspension,” Consumer Financial Protection Bureau blog post, November 2, 2022, source. The administration intends for the most recent payment pause extension to "alleviate uncertainty for borrowers as the Biden-Harris Administration asks the Supreme Court to review the lower-court orders that are preventing the Department from providing debt relief for tens of millions of Americans."
- U.S. Department of Education, “Biden-Harris Administration Continues Fight for Student Debt Relief"; and Federal Student Aid (website), “COVID-19 Emergency Relief and Federal Student Aid.”
- Danielle Douglas-Gabriel, “Appeals Court Grants Injunction Against Biden’s Student Loan Forgiveness,” Washington Post, November 14, 2022, source
- Federal Student Aid (website), “A Fresh Start for Federal Student Loan Borrowers in Default,” source; and Federal Student Aid, “A Fresh Start for Borrowers with Federal Student Loans in Default,” fact sheet, source
- Federal Student Aid (website), “If Your Federal Student Loan Payments Are High Compared to Your Income, You May Want to Repay Your Loans Under an Income-Driven Repayment Plan,” source
- U.S. Department of Education, “Proposed Regulatory Text for Issue Paper #10: Income-driven Repayment Plans,” Negotiated Rulemaking for Higher Education, Affordability and Student Loans Committee, 2021, source
- The White House, “President Biden Announces Student Loan Relief.”
- Federal Student Aid (website), “Income-Driven Repayment and Public Service Loan Forgiveness Program Account Adjustment,” source
- Federal Student Aid (website), “Public Service Loan Forgiveness (PSLF),” source
- Federal Student Aid (website), “Income-Driven Repayment and Public Service Loan Forgiveness Program”; U.S. Department of Education, “Education Department Announces Permanent Improvements to the Public Service Loan Forgiveness Program and One-time payment Count Adjustment to Bring Borrowers Closer to Forgiveness,” press release, October 25, 2022, source; and 87 FR 65904, source
- In addition, in November 2022, a judge gave final approval to a settlement with the Department granting cancellation to roughly 200,000 borrowers with outstanding borrower defense applications, among other benefits. Project on Predatory Student Lending, “Student Borrowers Win Final Approval of Settlement to Cancel Over $6 Billion in Loans for 200,000 Borrowers,” press release, November 16, 2022, source; and 87 FR 65904.
- U.S. Department of Justice, “Justice Department and Department of Education Announce a Fairer and More Accessible Bankruptcy Discharge Process for Student Loan Borrowers,” press release, November 17, 2022, source
- Sattelmeyer, Trapped by Default; and Sarah Sattelmeyer, “The Department of Education Seeks Bids for a Fifth Iteration of the Student Loan Servicing System Since 2016. How Did We Get Here?” EdCentral (blog), New America, May 20, 2022, source
- Michael Stratford, “Biden Administration to Cut Ties with Student Debt Collection Firms,” Politico, November 5, 2021, source; and David Harrison, “Biden Administration to Cut Ties With Debt Collectors for Student Loans,” Wall Street Journal, November 5, 2021, source
- Office of Information and Regulatory Affairs, U.S. Office of Management and Budget, Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions, source
- U.S. Department of Education, “Unified Servicing and Data Solution (USDS) Solicitation,” May 19, 2022, source; and Sattelmeyer, “The Department of Education Seeks Bids for a Fifth Iteration.”
- U.S. Department of Education, “U.S. Department of Education Increases Servicer Performance, Transparency, and Accountability Before Loan Payments Restart,” press release, October 15, 2021, source; and Sattelmeyer, “The Department of Education Seeks Bids for a Fifth Iteration.”