What happens when you default on a loan?

Defaulting on a loan can lead to consequences, including impact to your credit and possible lawsuits. Here’s how to mitigate the damage.

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By Hilary Collins

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Hilary Collins

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Hilary Collins is a finance writer and editor with over seven years of experience. Her work has been featured by USA TODAY, MSN, Yahoo Finance, AOL, and Fox Business.

Updated July 1, 2024, 5:43 PM EDT

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Borrowers generally don't take out a loan with a plan to default on it. However, life is full of surprises - you might lose your job, experience a medical emergency, or go through any number of unexpected events that can impact your ability to pay back your debts. In the first quarter of 2024, credit card, auto loan, and mortgage delinquencies continued to rise, with 3.2% of all outstanding debt in delinquency.

Delinquency happens when you miss a payment, while default occurs after continued missed payments. Default can hurt your credit score significantly and lead to financial distress, however, you have options to recover. Working with a credit counselor or consolidating your debt with a personal loan are some solutions that can help mitigate the damage that default can inflict.

What does it mean to default?

A borrower defaults when they miss multiple payments or fail to pay back their debt entirely. However, if you simply miss one payment, your loan may not enter directly into default. Instead, your loan can be marked delinquent by your lender. The length of time it takes before your loan is considered in default depends on the terms of your loan. For example, 90 days is common for most types of unsecured loans (like personal loans and credit cards), while a federal student loan will enter default after 270 days.

Default can happen with any type of financial product, such as:

  • Personal loans
  • Credit cards
  • Home equity loans and lines of credit (HELOCs)
  • Mortgages
  • Student loans
  • Auto loans
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Note

Refer to your loan paperwork and reach out to your lender to see what steps you can take to remedy the default.

Consequences of defaulting

When you default on any loan, two things can happen: The lender can report the default to the credit bureaus, and your loan can be charged off (written off as a loss) and go into collections. Other consequences might occur, depending on the type of loan, but you can expect the following for most loans:

  • Credit score impact: Before default, your lender usually reports your late payments as delinquent after 30 days, which can hurt your score. But if you continue to miss your payments past the 90-day mark, your score can continue to drop significantly. Your score could drop by over 100 points (depending on the credit scoring model), and the negative marks can remain on your credit report for up to 7 years.
  • Collateral repossession: If you have a secured personal loan through an asset like a car or other item of value, your asset may be seized to pay what's owed.
  • Debt collection measures: When your loan is sent to collections, you can expect a debt collector to initiate contact. These collectors may work directly with your lender, or may be with an outside agency your lender hired. Debt collectors attempt to collect the money you owe, usually contacting you by mail or by phone.
  • Fees: When you default, late fees, legal fees, and collection fees can add up on top of what you already owe.
  • Legal action: Your lender can take you to court, depending on the amount you owe. This could lead to legal fees, court-ordered payments, and even wage garnishment if you default on federal loans (like student loans). If this happens, a percentage of your earnings from your job can be legally withheld by your employer to pay off your debt.

Unsecured loan

Unsecured debts, such as unsecured personal loans or credit cards, don't have an asset backing them that your lender can seize and sell to get its money back. With unsecured loans, lenders may charge off the loan, which will show up on your credit report and negatively affect your credit. Debt collectors may also sue you for what you owe.

Secured loan

Secured loans require collateral, which your lender can seize. Common secured loans include auto loans and mortgages. Some personal loans can also be secured. In this case, the lender can take your car or foreclose on your home and sell these items to recoup its losses. If the sale of the car or home doesn't cover the remaining amount, you may still need to pay back the "deficiency" balance. If you fail to pay this, your lender can sue and require you to pay the balance if it's successful in its litigation efforts.

Cosigned loan

If your loan was cosigned, keep in mind that all the consequences of default could apply to your cosigner as well. They can experience the same debt collection calls, impact to their credit score, and could also be taken to court. The consequences can also be personal and hurt your relationship with the cosigner.

Student loan

Student loans are typically unsecured, but the practices for private and federal student loan defaults can differ. Many private student loans can be considered in default 90 days after the first missed payment, while federal student loans enter default after 270 days.

Private lenders can attempt to collect the debt themselves or hire debt collectors to contact you. They can also take you to court. Federal lenders can garnish your wages and withhold your tax refunds without having to sue you.

What to know when a debt collector tries to collect

While a debt collector can be legally allowed to contact you and attempt to collect the debt you owe, you do have rights, and there are laws they must follow. Here are some things to keep in mind when speaking to a debt collector:

  • No harassment: They are not allowed to harass you, including repetitive phone calls, public social media messages, or emails sent to your work email (with certain exceptions).
  • No threats: They can't falsely threaten you with arrest or claim you committed a crime.
  • They can still sue: While you can ignore debt collectors or ask them to stop contacting you, they can still sue you for payment and/or report your debt to credit bureaus.

Familiarize yourself with the Fair Debt Collection Practices Act if the debt collectors contacting you are crossing the line or breaking the law. You can report them to the Consumer Financial Protection Bureau, the Federal Trade Commission, and your state's attorney general.

How default affects your credit

  • Payment history: Your payment history makes up 35% of your FICO Score, so having a history of delinquent payments and defaulted loans can seriously impact your credit. A loan default can stay on your credit report for up to 7 years.
  • Impact to credit utilization: Your credit utilization ratio, which is the amount of available credit you're using versus the amount you have available to use, can affect your score. When you default on a credit card, your card issuer may close your account, affecting your credit utilization ratio and causing it to increase. Your credit utilization is represented by "amounts owed" in your credit score, which is a factor that accounts for 30% of it.
  • Credit mix: Having different types of credit accounts helps your score, so if you default on the only personal loan you have, it can negatively affect your credit mix, which makes up 10% of your FICO score.
  • Length of credit history: If your account was an older one and it gets closed, it can affect the age of your credit accounts, which makes up 15% of your FICO score.

If your credit score drops because of default, it might also make borrowing more expensive, and in some cases may disqualify you outright from taking out a loan.

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Important

Some landlords and employers can also look at your score to determine whether or not to rent to you or hire you.

How to get out of default

If you're headed for default, it might not be too late to fix things. Reach out to your lender as soon as you know you might miss a payment, or as soon as you realize you've missed one.

However, you can still take steps to mitigate the damage once your loan is in default.

Work directly with your lender

Many lenders can work with you in challenging situations - after all, collection processes and lawsuits can be time-consuming and cost money, so lenders may often prefer to find a solution that keeps you on track. Reach out to your lender to see if it can set up a repayment plan or other option. While some factors behind your default may have been outside of your control, you can start learning good financial habits to prevent it from happening again in the future.

Debt consolidation

Debt consolidation is a term for rolling multiple loans into one loan, giving you a single payment to manage. The debt consolidation process may save you money if you can qualify for a lower monthly payment and/or a lower annual percentage rate (APR). The APR is the total cost of borrowing and includes the interest rate and upfront fees. It's often the best way to compare loans, instead of just looking at the interest rate.

Carefully review and compare the APR, loan amount, and repayment terms with other potential loans. You can often prequalify with multiple lenders without any impact to your credit score. Prequalification is not an offer of credit, however, and your final rate may be different. Note that you may not be able to get a lower rate if your credit score has dropped due to the default.

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Credit counseling

Credit counseling services are offered by nonprofit organizations that can help you negotiate repayment plans with your lenders. These services are intended to make your payments more manageable by lowering the monthly amount and/or the APR, rather than reducing the total amount of debt that you owe. Credit counselors can also put you on a debt management plan, and can send your payments directly to your creditors. Contact the National Foundation for Credit Counseling to learn more.

Hardship or forbearance programs

Federal student loans and some private student loan lenders have forbearance programs to help borrowers going through financial hardship by postponing or reducing payments.

Federal loans provide forbearance for up to 12 months at a time if you're struggling with making your payments due to financial difficulties, medical expenses, a change in employment, or another acceptable reason. The U.S. Department of Education also offers Fresh Start, a temporary program which helps borrowers get out of default.

Private loans can have varying forbearance policies, depending on the lender, so it may or may not be offered. If you're able to apply for forbearance, keep making payments until your forbearance request is approved.

Loan modification and other programs

If the loan you're struggling to pay is a mortgage, you may be able to qualify for a loan modification that could lower your monthly payment amount to something more manageable. Common loan modifications include reducing your interest rate, reducing your principal balance, or extending the repayment term of the loan.

Reach out to your mortgage servicer to see what modification options it offers. You can also contact the Department of Housing and Urban Development (HUD) and connect with a counselor who can help you find out if you qualify for any housing programs, and assist with budgeting or other financial issues.

FAQ

How can I improve my credit score?

Your credit score is made up of a variety of factors: For instance, the FICO scoring model considers your payment history, how much you owe, the length of your credit history, your credit mix, and your new credit when calculating your score. To improve your credit, build a history of on-time payments, contest any inaccurate information on your credit reports, keep your credit utilization ratio low, and consider diversifying the types of credit accounts you have.

Can I qualify for future loans or credit if I default?

You may be able to qualify for loans and credit if you default on a debt, but it can be difficult and more expensive to borrow.

How long until a loan default is removed from my credit report?

A loan default can remain on your credit report for up to seven years.

Can I prevent my loan from defaulting?

There is a period of time when your loan is considered delinquent but not yet in default. During this time, you can work with your lender to avoid it. Generally, lenders want to work with you to avoid the time and expense of the collections process. You may also be able to refinance or consolidate your debt and find a more manageable repayment plan.

Meet the contributor:
Hilary Collins
Hilary Collins

Hilary Collins is a finance writer and editor with over seven years of experience. Her work has been featured by USA TODAY, MSN, Yahoo Finance, AOL, and Fox Business.

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Fox Money is a property of Credible Operations, Inc., which is majority-owned indirectly by Fox Corporation. This material may not be published, broadcast, rewritten, or redistributed. All rights reserved. Use of this website (including any and all parts and components) constitutes your acceptance of Fox's Terms of Use and Updated Privacy Policy | Your Privacy Choices.