Default

Default is the failure to repay a debt including interest or principal on a loan or security. A default can occur when a borrower is unable to make timely payments, misses payments, or avoids or stops making payments. Individuals, businesses, and even countries can fall prey to default if they cannot keep up their debt obligations.

A default can occur on secured debt such as a mortgage loan secured by a house or a business loan secured by a company's assets. If an individual borrower fails to make timely mortgage payments, the loan could go into default. Similarly, if a business issues bonds—essentially borrowing from investors—and it's unable to make coupon payments to its bondholders, the business is in default on its bonds. A default has adverse effects on the borrower's credit and ability to borrow in the future.

When an individual, a business, or a nation defaults on a debt obligation, the lender or investor has some recourse to reclaim the funds due to them. However, this recourse varies based on the type of security involved. For example, if a borrower defaults on a mortgage, the bank can reclaim the home securing the mortgage. Also, if a borrower defaults on an auto loan, the lender can repossess the automobile. These are examples of secured loans. In a secured loan, the lender has a legal claim on the asset to satisfy the loan.

Corporations that are in default or close to default usually file for bankruptcy protection to avoid an all-out default on their debt obligations. However, if a business goes into bankruptcy, it effectively defaults on all of its loans and bonds since the original amounts of the debt are seldom paid back in full. Creditors with loans secured by the company's assets, such as buildings, inventory, or vehicles, may reclaim those assets in lieu of repayment. If there are any funds left over, the company's bondholders receive a stake in them, and shareholders are next in line. During corporate bankruptcies, sometimes a settlement can be reached between borrowers and lenders whereby only a portion of the debt is repaid.

A default can also occur on unsecured debt such as medical bills and credit card debts. With unsecured debt, no assets are securing the debt, but the lender still has legal recourse in the event of default. Credit card companies often give a few months before an account goes into default. However, if after six months or more, there have been no payments, the account would get charged off meaning the lender would take a loss on the account. The bank would likely sell the charged-off account to a collection agency and the borrower would need to repay the agency. If no payments are made to the collection agency, a legal action might be taken in the form of a lien or judgment placed on the borrower's assets. A judgment lien is a court ruling that gives creditors the right to take possession of borrowers property if they fail to fulfill their contractual obligations.

Student loans are another type of unsecured debt. If you fail to pay your loan, you probably won't find a team of armed U.S. Marshals at your front door, as one Texas man did in 2016, as reported by CNN Money. But it’s still a very bad idea to ignore that debt.

In most respects, defaulting on a student loan has the same consequences as failing to pay off a credit card. However, in one key respect, it can be much worse. The federal government guarantees most student loans, and debt collectors dream of having the powers the Feds employ. It probably won’t be as bad as armed marshals at your door, but it could get very unpleasant.

First, You’re ‘Delinquent’

When your loan payment is 90 days overdue, it is officially “delinquent.” That fact is reported to all three major credit bureaus. Your credit rating will be hit. 

That means that any new applications for credit may be denied, or given only at the higher interest rates available to risky borrowers. A bad credit rating can follow you in other ways. Potential employers, especially for any employee needing a security clearance, often check the credit ratings of applicants and use it as a measure of your character. So do most cellphone and cable internet service providers, who may deny you the service contract you want. Utility companies may demand a security deposit from customers they don’t consider creditworthy. A prospective landlord might reject your apartment application, as well.

Next, You’re ‘In Default’

When your payment is 270 days late, it is officially “in default.” The financial institution you owe the money to refers the problem to a collection agency. The agency will do its best to make you pay up, short of actions that are prohibited by the Fair Debt Collection Practices Act. Debt collectors also may tack on fees to cover the cost of collecting the money.

It may be years down the road before the federal government gets involved, but when it does, its powers are considerable. It can seize any tax refund you may receive, and apply it to your outstanding debt. It can also garnish your paycheck, meaning it will contact your employer and arrange for a portion of your salary to be sent directly to go toward loan repayment.

Alternatives to Default

A good first step is to contact your lender as soon as you realize that you may have trouble keeping up your payments. The lender may be able to work with you on a more attainable repayment plan or steer you toward one of the federal programs. It is important to remember that none of the programs are available to people whose student loans have gone into default.

You may be sure the banks and the government are as anxious to get the money as you are about repaying it. Just make sure you alert them as soon as you see potential trouble ahead. Ignoring the problem will only make it worse.

Defaulting on a futures contract occurs when one party does not fulfill the obligations set forth by the agreement. Defaulting here usually involves the failure to settle the contract by the required date. A futures contract is a legal agreement for a transaction on a particular commodity or asset. One side of the contract agrees to buy at a specific date and price while the other party agrees to sell at the contract specified milestones.

Sovereign default or national default occurs when a country cannot repay its debts. Government bonds are issued by governments to raise money to finance projects or day-to-day operations. Government bonds are typically considered low-risk investments since the government backs them. However, the debt issued by a government is only as safe as the government's finances and ability to back it.

If a country defaults on its sovereign debt or bonds, the ramifications can be severe and lead to a collapse of the country's financial markets. The economy might go into recession, or its currency might devalue. For countries, a default could mean not being able to raise funds needed for basic needs such as the food, police, or the military.

Sovereign default, like other types of default, can occur for a variety of reasons. For example, Jamaica defaulted on $7.9 billion in 2010, due to government overspending, high debt loads, and a drop in tourism—the country's key industry as outlined in an article by the Center for Economic and Policy Research (CEPR).

As reported by the Wall Street Journal in 2015, Greece defaulted on a payment to the International Monetary Fund sending shockwaves through the European Union.

When a borrower defaults on a loan, the consequences can include:

• Negative remarks on a borrower's credit report and lowering of the credit score, which is a numerical value or measure of a borrower's creditworthiness
• Reduced chances of obtaining credit in the future
• Higher interest rates on existing debt as well as any new debt
• Garnishment of wages and other penalties. Garnishment refers to a legal process that instructs a third party to deduct payments directly from a borrower’s wage or bank account. 

When bond issuers default on bonds or exhibit other signs of poor credit management, rating agencies lower their credit ratings. Bond credit-rating agencies measure the creditworthiness of corporate and government bonds to provide investors with an overview of the risks involved in investing in bonds.

A company's credit rating and ultimately the bond's credit rating impacts the interest rate that investors will receive. A lower rating might also prevent a company from issuing new bonds and raising the money needed to fund business operations.

Credit rating agencies typically assign letter grades to indicate ratings. Standard & Poor’s, for instance, has a credit rating scale ranging from AAA (excellent) to C and D. A debt instrument with a rating below BB is considered to be a speculative grade or a junk bond, which means it is more likely to default on loans.

Puerto Rico defaulted in 2015, as CNN Money reports, they paid only $628,000 toward a $58 million bond payment. After Hurricane Maria hit the island late 2017, the country’s debt of more than $100 billion has increasingly been a concern.

Long-Term Capital Management was a massive hedge fund that defaulted and eventually closed its doors in 2000. Business Insider reports how the fund's exposure to Brazilian, Danish and Russia bonds and other risky investment spun out of control when Russia defaulted on its sovereign bonds. Long-Term Capital lost over $4 billion in a few months, and even with the Federal Reserve's attempts to save it, the hedge fund eventually went bankrupt. Long-Term Capital was the first hedge fund in U.S. history to go bankrupt and close its doors.