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 company goes bankrupt, you'll still have to make your mortgage payments, but all terms should stay the same. If your loan is active or has just closed, it'll be sold off to another company. If you're in the midst of closing a loan, any escrow funds should be safe, but you'll have to find a new lender.
What happens to your loan if the lender goes bankrupt? ›
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. The only difference is that the new company will assume responsibility for receiving payments and for servicing the loan.
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 my car lender goes bankrupt? ›
Paying Off Your Auto Loan
Even if your lender goes under, you are still likely responsible for paying back the remaining balance of your loan. While the conditions of your loan should stay the same, the lender who will be receiving your future loan payments might change.
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.
Do you have to pay back loans if you go bankrupt? ›
While bankruptcy clears many kinds of debt, it does not necessarily absolve you of all debt — so research upfront which kinds are eligible to be erased. Student loans, owed taxes and court-mandated payments like alimony and child support often must still be paid, even after bankruptcy is granted.
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.
Is your money safe if a bank collapses? ›
As long as you do business with an FDIC-insured institution and keep less than $250,000 per account ownership category, your funds will be safe if your bank fails. However, you might face some minor inconveniences, such as waiting for a new debit card or updating your automatic payments.
What to do with your money when banks collapse? ›
For example, you can keep $250,000 at one bank and deposit additional funds at other banks that are also members of the FDIC. Be sure to use the FDIC's BankFind tool to verify that an institution is covered by the insurance. You can also open an IRA or a revocable trust account, both of which fall under FDIC coverage.
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.
What happens to debt when a company goes into liquidation? ›
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 banks collapse? ›
The bottom line
First, you still owe the money. Your debt doesn't magically go away just because your bank does. Second, the new owner of the loan -- either the FDIC or the acquiring bank -- must honor the original terms of the loan.
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.
Can you get your money back if a company goes bankrupt? ›
Though the bankruptcy of a company to which you've sold goods or provided services is never great news, it's often possible to get back at least some of what you are owed. Doing so requires you to file a proof of claim promptly, so the trustee overseeing the payment to creditors can put your receivables in the queue.
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 still owe money if a bank goes bankrupt? ›
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.
