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PROTECT BORROWERS protectborrowers.org The Student Loan Market Making Higher Education Attainable September 23, 2019 Presented By Tariq Habash

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Page 1: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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The Student Loan MarketMaking Higher Education Attainable

September 23, 2019

Presented By Tariq Habash

Page 2: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

2

The Student Loan Market

Page 3: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Nationwide growth in student debt

3

$1.603 trillion

More than 1-in-5 U.S. consumers have student loan debt

Source: Federal Reserve Board (2019); Federal Reserve Bank of Philadelphia

Page 4: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Market expanding, balances climbing

4

Source: Federal Reserve Board; Federal Reserve Bank of New York

153%

55%63%

0%

20%

40%

60%

80%

100%

120%

140%

160%

180%

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017

Total Outstanding Student Debt Number of Borrowers Average Borrower Balances

Page 5: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Consuming an increasing share of household debt

5

Change in household debt (2007 Q1- 2019 Q1)

Source: Federal Reserve Bank of New York (2019 Q1)

-8%

-44%

36%

-7%

147%

-16%

Mortgage HE Revolving Auto Loan Credit Card Student Loan Other

Page 6: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Distribution of loan balances

6

Source: Federal Reserve Bank of New York

7.85 million borrowersowe more than $50,000

Page 7: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

Student Debt in Colorado

7

Page 8: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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8

• $27.7 billion in outstanding student

loan debt

• 128% increase in student loan debt in

CO from 2008 to 2018

• 736,800 student loan borrowers

• 56,160 borrowers aged 60+

• $37,652 average student debt per

CO borrower

• 1120 complaints submitted to CFPB

by CO student loan borrowers

Student debt in Colorado by the numbers

Sources: U.S. Department of Education, Federal Reserve Bank of New York

Page 9: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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$0

$5

$10

$15

$20

$25

$30

$35

$40

CO UT AZ KS OK NM WY

Colorado borrowers hold a relatively high debt load,and are struggling under its weight

9

• 101,678 delinquent

borrowers

• $2.9 billion in delinquent

debt

• 7,536 delinquent CO

borrowers aged 60+

• 54% increase in borrowers

aged 60+ (2012 to 2017)

Sources: U.S. Department of Education, Federal Reserve Bank of New York,Federal Reserve Bank of Philadelphia, Consumer Financial Protection Bureau

Regional comparison: Averagestudent loan debt ($000)

Average: $29

Page 10: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

10

The Domino Effect

Page 11: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Domino effect of student debt

11

Research is starting to shed light on spillover effects of student debt

Wealth Accumulation

Racial Wealth Gap

Increases in Financial Distress

Creditworthiness

Home and Auto Ownership

And more (see appendix)

Page 12: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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12

Student borrowers lag behind in wealthaccumulation

Sources: Pew Research Center, 2010 Survey of Consumer Finances

Note: Young households refers households with headsyounger than 40.

Median net worth of younghouseholds

Page 13: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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13

Student loans are a consequence and cause of theracial wealth gap

Sources: National Longitudinal Survey of Youth, National Postsecondary Student Aid Study

“Existing racial wealth disparities and soaring higher education costs may actually replicate racial wealthdisparities across generations by driving racial disparities in student loan debt load and repayment.”

- Federal Reserve Bank of St. Louis

$11,679

$37,182

$4,217

$19,654

$0

$5,000

$10,000

$15,000

$20,000

$25,000

$30,000

$35,000

$40,000

Parent Contribution towardsCollege

Net Worth at Age 25

White Black

Parental Contributions and Net Worth of Students Percent of Public College Graduates with Debt, 2016

68%

82%

61%

42%

73%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

White Black orAfrican

American

Hispanic orLatino

Asian More thanone race

Page 14: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Student borrowers appear less creditworthy, creatingspillover effects into the rest of the economy

14

Source: Student Debt: Trends and Possible Consequences, Federal Reserve Bank of Dallas (2014)

When borrowers areconsidered lesscreditworthy, there arespillover effects, as theymay have difficultystarting businesses andfinding employment thatrequires good credit.

Research has shownyounger workers withstudent debt may havemore limited access tohousing and auto debt.

Decre

ase

drisk

Note: Shaded area represents the Great RecessionSources: Adapted from “Young Student Loan Borrowers Retreat from Housing and Auto Markets,” by Meta Brown andSydnee Caldwell. Liberty Street Economics (blog), Federal Reserve Bank of New York. April 17, 2013

Page 15: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Homeownership rates are lower for households withstudent debt, especially among younger borrowers

15

Source: Student Loan Debt and Economic Outcomes, Federal Reserve Bank of Boston (2014)

8%

29%

50%

65%

17%

31%

53%

66%

0%

10%

20%

30%

40%

50%

60%

70%

20-24 25-29 30-34 35-40

With Student Debt Without Student Debt

Note: Data on the presence or absence of student loan debt refer to 2011 and/or 2013. Restricted to households where the head orspouse (or both) have at least some college experience.

Homeownership Rates by Age Group, for Households with Some College Experience

Page 16: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Student loan debt is impeding homeownership

16

• A little over 20 percent of theoverall decline inhomeownership among theyoung can be attributed to therise in student loan debt.

• Over 400,000 borrowersbetween the ages of 24 and 32would have owned a home in2014 had it not been for the risein student loan debt.

PP is percentage pointNote: Blue bars show actual homeownership rates in 2005 and 2014,constructed from Current Population Survey data. The orange bar showsthe counterfactual homeownership rate simulated based on resultsavailable in Mezza (forthcoming)

Source: Can Student Loan Debt Explain Low Homeownership Rates for Young Adults?,Federal Reserve Board (2019)

0%

6%

12%

18%

24%

30%

36%

42%

48%

2005 Simulation 2014

1.8 pp8.8 pp

Page 17: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

17

Student Loan Distress

Page 18: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Student loan delinquency rates remain stubbornly high

18

Percent of Total Balance Outstanding 90+ Days Delinquentby Loan Type

Source: Federal Reserve Bank of New York (2019 Q1)

Page 19: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Student loan defaults and home foreclosures

19

Source: Federal Reserve Bank of New York Consumer Credit Panel/Equifax; FSA Data Center

1,125,000

1,153,110

1,097,700

1,080,300

0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

1,600,000

2011 2012 2013 2014 2015 2016 2017 2018

New Direct Loan Defaults*

New Foreclosure Filings

*No publicly availabledata on Direct Loandefaults prior to 2015

Page 20: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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For-Profit Schools are a small but significant part of themarket

20

Direct Loan Originations by School Sector

3.71 million 3.29 million 2.96 million 2.61 million 2.2 million

13.4 million 13.1 million12.56 million

12.14 million11.5 million

2012-2013 2013-2014 2014-2015 2015-2016 2016-2017

Public/Private

For-Profit

Academic yearSource: US Dept. of Education

Page 21: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Student loan default rates across the country

21

Source: Mapping Student Debt, Washington Center for Equitable Growth

Page 22: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

Existing Federal Protections

22

Page 23: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Income-driven repayment (IDR)

23

Monthly payments based on a percentage of borrowers’ income

$0 payments for no- and low-income borrowers (earning less than ~$20,000)

Recalculated each year as income changes

Interest subsidies and protections for negatively amortizing loans

Loan forgiveness after 20-25 years (10 years for public service employees)

Page 24: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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24

Federal assistance: income-driven repayment (IDR)

PAYE

10% ofdiscretionary

income

Capped at 10-year standard

amount

REPAYE

10% ofdiscretionary

income

IBR

10-15% ofdiscretionary

income

Capped at 10-year standard

amount

ICR

20% ofdiscretionary

income

12-yearstandardpayment

adjusted basedon income

Page 25: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Borrowers default 28 times more when not in IDR

25

Source: GAO review of summary data from Department of Education’s National Student Loan Data System | GAO-15-663

Page 26: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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IDR works when borrowers can access it

26

When borrowers access IDR, they benefit across their financial lives.

Compared to non-IDR borrowers, borrowers making IDR payments:1

Keep up with their payments: Borrowers in IDR were 21% less likely to fall behind.

Pay down more debt: IDR borrowers paid down $90 more debt each month.

Strengthen credit profiles: IDR borrowers’ avg. credit scores improved +7.5 pts.

Expand access to consumer credit: IDR borrowers showed increased access (+10%) and utilization of revolving accounts.

Buy houses: IDR borrowers are more likely to have a mortgage, suggesting positive effects on homeownership.

When jobs are scarce, IDR protects borrowers from financial shocks.

As unemployment spikes in a community, borrowers in IDR:2

Are less sensitive to drops in home values; and

Default on student loans at lower rates.

1 Herbst, Daniel J., Liquidity and Insurance in Student Loan Contracts: Estimating the Effects of Income-Driven Repayment on Default and Consumption (Working Paper, January 31,2018)

2 Mueller & Yannelis, Students in Distress: Labor Market Shocks, Student Loan Default, and Federal Insurance Programs, Working Paper, 2017

Page 27: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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27

Federal assistance: Public Service Loan Forgiveness

(PSLF)

• Offers public service workers complete forgiveness of any outstanding

balance on their Direct Loans after 120 on-time payments

• Requirements

1. Right type of loan – Direct Loans

2. Right type of repayment plan – IDR or standard

3. Right type of employment – work full-time in public service (government,

501(c)(3), or certain other not-for-profits)

4. Right number of payments – 120 payments

• Under Temporary Expanded Public Service Loan Forgiveness (TEPSLF),

borrowers repaying under the Graduated Repayment Plan, the Extended

Repayment Plan, the Consolidation Standard Repayment Plan, and the

Consolidation Graduated Repayment Plan are also eligible

Page 28: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

28

State Role in Combating thisCrisis

Page 29: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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29

We could change the cost of college tomorrow.

It wouldn’t change the fate of 44 million

Americans crippled by student debt today.

Page 30: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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30

New York Get on Your Feet

• Provides up to 24 months of federal

student loan debt relief to recent

New York state college graduates

• Borrowers must be….

o A legal resident of New York who

works in New York

o A graduate of a college or

university in New York

o A graduate of a New York high

school or the recipient of a New

York high school equivalency

diploma

o Enrolled in a federal IBR plan or

Pay as You Earn plan

o Below $50,000 in income

“New student loan forgivenessprogram unveiled in New York State

…’Ensuring students are able pay for collegeand not saddled with debt is critical for boththeir individual success and the continuedeconomic growth of New York State,’ GovernorCuomo said.”

3/9/2019

“New student loan forgivenessprogram unveiled in New York State

…’Ensuring students are able pay for collegeand not saddled with debt is critical for boththeir individual success and the continuedeconomic growth of New York State,’ GovernorCuomo said.”

3/9/2019

“New York will pay your student loanbills for two years

…The governor's office estimates that 7,100recent grads will take advantage of the NewYork program this year.”

1/4/2016

“New York will pay your student loanbills for two years

…The governor's office estimates that 7,100recent grads will take advantage of the NewYork program this year.”

1/4/2016

Page 31: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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31

Maryland SmartBuy

• Provides incumbent home

buyers up to 15 percent of the

purchase price of their home

to put toward their student loan

debt

• Forgiveness capped at $40,000

• Has helped home buyers pay off

$7 million in student debt and

buy houses worth a cumulative

$47 million since its inception in

2016

• Borrowers must ….

o Be buying their first home

o Remain in the house for at

least five years, or pay the

state back

Page 32: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

32

For-Profit Schools

Page 33: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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For-profit colleges and default rates by race

33

Page 34: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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For-profit market participants

34

Corporations School Brands Status Complaints (2017)

Corinthian Colleges Heald College, Everest College, Wyotech Closed 84,362

ITT Educational Services, Inc. ITT Technical Institutes, Daniel Webster College Closed 10718

Adtalem Global Education, Inc.(formerly DeVry Education Group,Inc.)

DeVry University, Carrington College, Chamberlain University, KellerGraduate School of Management, Ross University

New Ownership 8574*

Education Management Corporation /Dream Center

The Art Institutes, Argosy University, South University, Brown MackieCollege

Closing 3540*

Education Corporation of America Virginia College, Brightwood College Closed 98*

Apollo Education Group University of Phoenix, Western International University New Ownership 3083

Career Education CorporationAmerican InterContinental University, Brooks institute, Briarcliffe College,Colorado Technical University, Le Cordon Bleu College of Culinary Arts,Missouri College, Sanford-Brown College

Offshored or operating 2415*

InfiLaw CorporationCharlotte School of Law, Arizona Summit Law School, Florida CoastalSchool of Law

Closed or operating 697

Alta Colleges, Inc. Westwood College, Redstone College Closed 1030

Globe Education Network Globe University, Minnesota School of Business, Broadview U Closed 834

Page 35: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Issues and potential claims

35

Aggressive recruiting practices

Misrepresentations of job placement, work opportunities, and post-graduate salaries

Deceptive marketing and advertising

Predatory institutional loan products

Creating outstanding amounts owed directly to the school through accounts receivable

Steering borrowers into forbearance to skirt default rate metrics

Use of pre-dispute arbitration clauses to limit borrowers’ access to justice

Page 36: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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The regulatory “triad”

A school must beauthorized in thestate(s) in which itoperates

State Authorization

School agrees toProgram ParticipationAgreement in order to

receive federal aid

Institution of Higher Education

U.S. Department ofEducation Accreditors must be

recognized by theED in order to giveschools access tofederal student aid

Accreditation

A school must holdaccreditation from a federallyrecognized accreditor in orderto maintain eligibility for thefederal student aid program

Page 37: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Federal Oversight Takes a StepBack

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Rollback of Federal Protections for Defrauded Student LoanBorrowers

38

• Over the last 2 years, the Department of Education has started aggressivelyrolling back important protections for student loan borrowers

• Increasing the burden for borrowers to prove that they were defrauded

• Making it harder for borrowers to access loan discharges if their schoolshutdown unexpectedly

• Allowing programs with extremely high debt levels and poor earningsupon graduation to continue enrolling new students

• Allowing schools to once again force students to sign away their abilityto take complaints to court

Page 39: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Forced Arbitration

39

• For-profit schools overwhelmingly use restrictive clauses like forcedarbitration to limit students’ ability to go to court to resolve disputes

• These clauses are found in the fine print of enrollment contractsstudents sign, often consisting of dozens of pages

• Schools like Corinthian Colleges, ITT Tech, Art Institutes, and Argosyall used these clauses to silence students from publicizing theircomplaints

• These schools all eventually shut down leaving thousands ofstudents with mountains of debt

• Because the nature of these clauses are so restrictive, federal andstate law enforcement often missed out on critical information whileschools and their executives profited off students

Page 40: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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Class Action Waivers

40

• For-profit schools often take these restrictive clauses a step further,requiring students to not only submit to a private resolution process, butto also do so individually

• Corinthian Colleges and ITT Tech used these waivers to limitinformation flow to law enforcement, students, and arbitratorsdetermining validity of complaints

Page 41: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

41

What Can States Do AboutArbitration

Page 42: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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The regulatory “triad”

A school must beauthorized in thestate(s) in which itoperates

State Authorization

School agrees toProgram ParticipationAgreement in order to

receive federal aid

Institution of Higher Education

U.S. Department ofEducation Accreditors must be

recognized by theED in order to giveschools access tofederal student aid

Accreditation

A school must holdaccreditation from a federallyrecognized accreditor in orderto maintain eligibility for thefederal student aid program

Page 43: The Student Loan Market · 9/23/2019  · Homeownership rates are lower for households with student debt, especially among younger borrowers 15 Source: Student Loan Debt and Economic

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State aid programs

43

• Each state has its own financial aid program(s)

• 25 states provide state aid to for-profit schools

• These programs often have their own terms and conditions that schoolsmust abide by in order to remain eligible

• These terms are separate from the requirements under state authorization

• Colorado is one of the states that provides financial aid $$ to for-profitschools

• States can strengthen the terms of these financial aid programs to stop theenforcement of restrictive clauses like pre-dispute arbitration

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