High inflation and a rising rate environment have put the U.S. economy in a tough spot and financial institutions are starting to feel the pressure. Silicon Valley Bank — a start-up focused lender — went under in March, making it the largest bank to collapse since the financial crisis of 2008. Shortly after, Signature Bank became the third-largest bank to fail in U.S. history, worrying everyone about the effects of a new banking crisis.
If you have a personal loan or another type of loan and your lender goes under, you may be wondering how this affects your debt. The good news is that there’s not much to worry about, although here are some precautions you should take to protect yourself just in case.
What happens to your loans when your lender goes bankrupt?
Lenders can go bankrupt for a number of reasons, though the most common one is that they’ve become insolvent or are closely headed towards that path. Although this may sound alarming, the first thing you need to know is that if you have a loan — whether it’s a personal loan, student loan, mortgage or another type of loan — it won’t be affected by the lender going bankrupt. Your repayment term, interest rate and outstanding balance should all remain the same.
When a lender fails, whether it’s a bank or another financial institution, the first thing that happens is that its assets are sold in order to pay off creditors. Loans and other accounts are considered as part of those assets. That means your account will most likely be sold to another institution, which will then take over and manage your account just like your previous lender did.
In most cases, these accounts or assets are packaged and sold to the same lender. However, there’s also a chance that accounts are split among different institutions, so if you have more than one type of loan with the lender, it’s possible you end up with more than one creditor.
Regardless, both the defunct institution as well as the new lender will have to send you written notice, disclosing the details of the transaction. Once the transfer is completed, you’ll get another letter from your new lender — usually a month in advance before payments begin — with all the details of your new account, including your new payment due date and where to send your payments to.
Are debts forgiven if the lender goes bankrupt?
Although debts are a liability for you, they’re lender assets. When a lender files for bankruptcy, it must sell its assets to gain liquidity. So, no, your loans aren’t forgiven if your lender goes bankrupt. You’re still responsible for making payments, the only difference is that you’ll be sending payments to another institution instead of the one that originally gave you the loan.
What to do if your lender goes under
Lenders may sell your loans and other accounts to other institutions at any given time, even if they’re not going bankrupt. Though there isn’t anything you can do about it, you can take these precautions to protect yourself in case something goes amiss during the account transfer:
- Make sure your contact information is up to date. Having the correct contact information on file will ensure you get all important communications regarding your loan account, so you don’t miss any payments.
- Download and keep copies of your recent statements. Your loan terms, interest rate and outstanding loan balance should remain the same, even if you have a new lender. Still, having copies of your previous statements could be of help if some of this information gets mixed up during the transfer, as it serves as evidence of what your account should look like.
- Keep making payments as usual. Unless you’ve received your new account details from the new lender, you should keep making payments to your original lender, even if you’ve received notice that your account will be transferred soon.
- Keep tabs on your credit score. You may see your credit score drop by a few points when your loan switches to a new servicer, however, this will be temporary until payment history is established in that new account. If you see a sharp drop in your credit score and have been making payments as usual, that’s a sign that the payment may not have been received by the lender. If that happens, contact your new lender immediately, so they can help with this issue.
The bottom line
Learning that your lender has gone bankrupt can be nervewracking, however, there’s not much to worry about. The terms of your loan should remain unchanged, even if the account is being handled by a different institution. Just keep making payments as usual and be on the lookout for any communications that may come your way to avoid unpleasant surprises.
FAQs
If your mortgage lender goes bankrupt, you still need to pay your mortgage obligations. When a mortgage lender goes under, all of its existing mortgages will usually be sold to other lenders. In most cases, the terms of your mortgage agreement will not change.
What happens to loans if all banks collapse? ›
Loans and other accounts are considered as part of those assets. That means your account will most likely be sold to another institution, which will then take over and manage your account just like your previous lender did. In most cases, these accounts or assets are packaged and sold to the same lender.
What happens if you have a loan with a company that goes bust? ›
I have a debt with a company that has gone into administration, what should I do? Keep making payments towards your debt as normal. In most situations: The administration process does not affect the repayment term of your credit.
What happens if a financial institution goes bankrupt? ›
If your bank fails, up to $250,000 of deposited money (per person, per account ownership type) is protected by the FDIC. When banks fail, the most common outcome is that another bank takes over the assets and your accounts are simply transferred over. If not, the FDIC will pay you out.
What happens to a loan when a business closes? ›
Primarily, the obligation to repay the loan does not disappear with the closure of the business. The borrower remains responsible for repaying the full amount of the loan according to the terms agreed upon. If unable to repay, the SBA may seek to collect from any collateral pledged for the loan.
Are mortgages forgiven in bankruptcies? ›
Absolutely. Chapter 7 bankruptcy clears mortgage debt, so your mortgage will be "discharged" or eliminated in Chapter 7, along with other qualified obligations.
What happens to home loans if economy collapses? ›
What Happens To Your Mortgage Rates & Payments? If you have a fixed-rate mortgage, then your monthly payments will remain the same, which can be beneficial in a high-inflation environment. However, if you have an adjustable-rate mortgage, expect your payments to increase.
What happens if FDIC runs out of money? ›
Still, the FDIC itself doesn't have unlimited money. If enough banks flounder at once, it could deplete the fund that backstops deposits. However, experts say even in that event, bank patrons shouldn't worry about losing their FDIC-insured money.
What happens to my money in the bank if the economy collapses? ›
You can keep money in a bank account during a recession and it will be safe through FDIC and NCUA deposit insurance.
What happens if you take out a loan for a business and it fails? ›
If your business fails, you're still responsible for repaying your loan. As in the case of default, if you can't repay, your lender may seize your collateral and/or personal assets to recover its losses.
When a company enters liquidation, any assets it owns are sold by the liquidator to generate funds for creditors. Once all creditors have been repaid as far as funds allow, any remaining debts are written off.
What happens if a business can't pay back a loan? ›
When you default on a secured loan, the lender has the legal right to seize your collateral. For example, if you used your business equipment as loan collateral, your lender could take ownership of your business equipment and sell it to get back the money you owe.
What happens to loans if you go bankrupt? ›
It depends on the terms of the bankruptcy court's determination. The terms may include one of the following: Your loan may be fully discharged, and you will not have to repay any portion of your loan. All collection activity will stop.
What happens to a loan if the bank collapses? ›
We've seen some high-profile bank failures recently and there are some others that are struggling. If your bank fails, you still owe whatever outstanding loan balances you have. You'll simply continue to make your loan payments to a new bank or FDIC-run intermediary.
What happens if you take out a business loan and go bankrupt? ›
You can discharge most SBA business loans in bankruptcy.
Luckily, by filing for bankruptcy, you can discharge (eliminate) your obligation to pay back an SBA loan. But keep in mind that if you pledged any of your assets as collateral for your loan, bankruptcy will not wipe out the lien on that property.
What happens to mortgaged properties when you go bankrupt? ›
Your lender still has a right to the property if the debt isn't paid. So basically, you don't have to pay your mortgage. But if you don't, you will lose your property because your lender will likely enforce the lien they have.
Do you have to pay back loans if you go bankrupt? ›
After a bankruptcy, the debtor is no longer legally required to pay any debts that are eliminated, or discharged, in bankruptcy court. Collectors cannot collect on the debts that have been discharged.
What happens to my mortgage if the economy collapses? ›
What Happens To Your Mortgage Rates & Payments? If you have a fixed-rate mortgage, then your monthly payments will remain the same, which can be beneficial in a high-inflation environment. However, if you have an adjustable-rate mortgage, expect your payments to increase.
