august 29, 2012

Private Student Loans

Report to the Senate Committee on Banking, Housing, and Urban Affairs, the Senate 

Committee on Health, Education, Labor, and Pensions, the House of Representatives 

Committee on Financial Services, and the House of Representatives Committee on 

Education and the Workforce.
2 PRIVATE STUDENT LOANS

Table of Contents

EXECUTIVE SUMMARY ..................................................................................... 3

INTRODUCTORY MATTERS ............................................................................. 6

PART ONE: LENDERS, LOAN MARKETS AND PRODUCTS......................... 9

PART TWO: BORROWER CHARACTERISTICS AND BEHAVIORS ............. 35

PART THREE: CONSUMER PROTECTION .................................................... 67

PART FOUR: FAIR LENDING ISSUES ............................................................. 78

PART FIVE: RECOMMENDATIONS ............................................................... 86

DATA APPENDIX I: FURTHER INFORMATION ABOUT DATA SOURCES 93

DATA APPENDIX II: ADDITIONAL FIGURES AND TABLES........................ 96

STUDENT LOAN GLOSSARY........................................................................104

REFERENCES AND NOTES...........................................................................109
3 PRIVATE STUDENT LOANS

Executive Summary

American consumers owe more than $150 billion in outstanding private student loan 

debt. While this amount is significantly less than the amount outstanding on student 

loans guaranteed by the federal government, the private student loan (“PSL”) product 

is an important component of higher education finance and does not appear to be well 

understood by the public.

In this Report, the Consumer Financial Protection Bureau and the US Department of 

Education seek to highlight key attributes of the private student loan marketplace, as 

well as consumer protection issues which policymakers may wish to address. Below 

are some of our key findings:

IN THE LAST DECADE, PRIVATE STUDENT LOAN ORIGINATION 

RAPIDLY GREW AND THEN PRECIPITOUSLY DECLINED. 

Fueled by investor appetite for asset-backed securities, the financial institution private 

student loan market grew from less than $5 billion in 2001 to over $20 billion in 2008, 

before contracting to less than $6 billion in 2011.

DURING THE GROWTH PERIOD, PRIVATE STUDENT LENDER 

UNDERWRITING STANDARDS LOOSENED. 

From 2005 – 2007, lenders increasingly marketed and disbursed loans directly to 

students, reducing the involvement of schools in the process; indeed during this 

period, the percentage of loans to undergraduates made without school involvement or 

certification of need grew from 18% to over 31%. As a result, many students borrowed 

more than they needed to finance their education. Additionally, during this period, 

lenders were more likely to originate loans to borrowers with lower credit scores than 

they had previously been. These trends made private student loans riskier for 

consumers. 

SINCE 2008, LENDERS HAVE CHANGED THEIR UNDERWRITING AND 

MARKETING PRACTICES. 

After 2008 lenders rapidly increased the share of loans with a co-signer, from 67% in 

2008 to over 85% in 2009. In 2011, over 90% of private student loans were co-signed. 
4 PRIVATE STUDENT LOANS

In addition, in 2011, 90% of private student loans to undergraduates required the 

school to certify the student’s need for financing. Lenders have also increased overall 

credit scores within their portfolios by tightening credit standards and reducing lending 

to nonprime borrowers.

MANY BORROWERS MIGHT NOT HAVE CLEARLY UNDERSTOOD THE 

DIFFERENCES BETWEEN FEDERAL AND PRIVATE STUDENT LOANS. 

Many private student loan borrowers did not exhaust their federal Stafford Loan limits 

before turning to the private loan product. Some borrowers reported that they did not 

know they had fewer options when repaying their private student loans than they did

with their federal student loans.

SOME GROUPS OF BORROWERS USED PRIVATE STUDENT LOANS 

SUBSTANTIALLY MORE THAN OTHERS.

In 2008, 42% of undergraduates at for-profit colleges took out a private student loan, 

while only 14% of all undergraduates used a private student loan.

MANY BORROWERS ARE STRUGGLING TO REPAY THEIR PRIVATE 

STUDENT LOANS. 

In 2009, the unemployment rate for private student loan borrowers who started school 

in the 2003-2004 academic year was 16%. Ten percent of recent graduates of four-year 

colleges have monthly payments for all education loans in excess of 25% of their 

income. Default rates have spiked significantly since the financial crisis of 2008. 

Cumulative defaults on private student loans exceed $8 billion, and represent over 

850,000 distinct loans. 

PRIVATE STUDENT LENDERS ARE HETEROGENEOUS, WITH SOME 

DISTINCT SECTORS THAT PRESENT VARYING LEVELS OF RISK. 

Traditional financial institutions dominate the private student lending market. There 

are also non-profit state-affiliated lenders who produce a smaller volume of private 

loan products that are distinct from bank loans. Finally, institutions of higher 

education lend their own funds in a large number of small programs, about which 

there is very little public information.

The Director of the Consumer Financial Protection Bureau and the Secretary of 

Education have each put forth a series of recommendations to Congress to improve 

the private student loan marketplace and address consumer protection issues.

Richard Cordray, the Director of the CFPB, asks that Congress enhance the role of 

schools in the private student loan origination process, examine the appropriateness of 

the bankruptcy discharge standard, and modernize the regulatory framework to ensure 

a competitive, level playing field where consumers fully understand their debt 

obligations and lenders have appropriate data to make underwriting decisions.

Arne Duncan, the Secretary of Education, asks that Congress require institutions of 

higher education and private education lenders work proactively to protect and inform 

private student loan borrowers, work with the Department of Education and the 

CFPB to determine how to afford greater flexibility and relief to private student loan 
5 PRIVATE STUDENT LOANS

borrowers who are experiencing financial distress, and amend the definition of private 

education loan to exclude other Federal education loans. Secretary Duncan also 

recommends that the Department of Education and the CFPB work with Congress to 

identify the necessary resources to provide a comprehensive picture of student 

borrowing that is inclusive of both federal and private student loans.

The study was informed by data provided by lenders in the marketplace, existing data 

sets maintained by the Department of Education, as well as input from financial 

institutions, the higher education community, consumer advocates, and individual 

borrowers.
6 PRIVATE STUDENT LOANS

Introductory Matters

STATUTORY MANDATE AND APPROACH OF THIS REPORT

The Dodd-Frank Wall Street Reform and Consumer Protection Act requires the 

Director of the Consumer Financial Protection Bureau and the Secretary of Education 

to submit a Report on private student loans.

1

 

This Report addresses the following topics, as set forth in the Act:

2

• The private lenders, their market and their products, as they have evolved and 

performed over time, 

• The consumers of these products, their characteristics, and shopping, usage 

and repayment behaviors,

• Consumer protections, including recent changes and possible gaps, 

• Fair lending compliance information currently available and its implications, 

and

• Statutory or legislative recommendations to improve consumer protections.

The CFPB and the Department of Education (collectively, “The Agencies”) have 

approached these questions by gathering data from existing studies conducted by the 

Department of Education, gathering new market-wide data from the industry, and 

seeking public input. While the Agencies have consulted consumer and industry 

stakeholders in preparing this Report, the Agencies chose principally to use a datadriven approach using more detailed information than has been available in the past. 

The approach in Part One of this Report is to tell the story of the origin, growth, 

evolution and near-collapse of the PSL industry. That story can only be understood in 

the light of the federal Stafford Loan program, which PSLs were originally designed to 

supplement and support. Federal Stafford loans are in many ways a better product 

than PSLs for large categories of consumers, so the story of PSL competition with 

Stafford loans is also important.

Against the backdrop of the PSL and federal student loan products, markets, and 

processes, the Report then explains (in Part Two) how consumers have interacted with 
7 PRIVATE STUDENT LOANS

PSLs. The report provides an analysis of both industry-wide loan performance data 

and survey data collected over many years by the Department of Education’s National 

Center for Educational Statistics (“NCES”). Part Two also draws on the nearly 2,000 

consumer comments received in response to a public request for information.

In the third and fourth parts, the Report addresses existing federal consumer 

protection laws and fair lending compliance issues in the ways that PSLs are provided 

to consumers.

Finally, the CFPB Director and the Secretary of Education each put forth 

recommendations to Congress, in accordance with the Act.

DATA SOURCES AND TERMS USED IN THIS REPORT

The data sources relied upon in this Report are described in detail in the accompanying 

Data Sources Panel. The attached Glossary also explains the terms used in the 

Report to describe the PSL market and the various data sources.

DATA SOURCES PANEL

SAMPLE LENDER LOAN 

LEVEL DATA (LOANLEVEL DATA)

A data set created for this study in which records from all educational loan originations of 9 

major lenders3 for all loans originated from 2005 to 2011 were pooled and provided to the 

Agencies. The data does not identify the specific lender for each loan. Each unique 

borrower-lender pair is identified by a unique within-lender borrower identifier, so serial 

borrowing can be seen, but a borrower who borrowed from more than one of these lenders 

over the sample period would appear as two unique borrower-lender pairs that cannot be 

linked. The dataset consists of 5,456,689 unique records and 3,478,146 distinct borrowerlender pairs. Schools in the lender data are identified by Office of Postsecondary Education 

codes (OPEID), and the only demographic information available about borrowers is their 

state of residence. 

SAMPLE LENDER 

PORTFOLIO LEVEL 

DATA (PORTFOLIO 

DATA)

Quarterly performance data on educational loans originated and/or purchased by the 9 

major lenders who provided the loan level data, aggregated across lenders. Each 

observation represents the performance of a single vintage (all loans originated in a specific 

year), and includes information about dollar volumes and counts of loans by status (e.g. 

current, 30-day delinquent, in forbearance, in default, in bankruptcy). The sample includes 

performance for all quarters of 2005 through 2011 for origination vintages 1999 through 

2011, resulting in 295 records. 

SAMPLE LENDER 

QUALITATIVE 

RESPONSES

The 9 major lenders who provided the loan level and portfolio level data also answered a 

series of qualitative questions about current loan terms and conditions (as of December 31, 

2011), historical changes in underwriting criteria (such as the use of cohort default rate), 

deferral and forbearance policies, and default management. The lenders were identified by a 

number or letter that changed with each set of responses, so that all of the data for one 

lender within one response can be connected, but it is not possible to connect a single 

lender across responses to multiple questions. Thus, for example, it is not possible to 

compare a specific lender’s underwriting practices to its current terms and conditions.
8 PRIVATE STUDENT LOANS

STATE LENDER DATA

Lender de-identified, portfolio-level data provided by 5 state-affiliated non-profit lenders for 

educational loans entering repayment from 1997 to 2011. The sample includes annual 

performance data from 1997 through 2011.

RESPONSES TO 

REQUEST FOR 

INFORMATION 

REGARDING PRIVATE 

EDUCATIONAL LOANS

In a Request for Information published in the Federal Register on November 17, 2011 the 

CFPB solicited comments on private education loans and related consumer financial 

products and services used to finance postsecondary education. By the closing of the

comment period, January 17, 2012, nearly 2,000 comments were submitted. These 

comments can be accessed by visiting the regulations.gov web portal. Docket No. CFPB2011-0037 (Public Comments). 

NATIONAL POSTSECONDARY STUDENT 

AID STUDY (NPSAS)

Nationally representative survey of students enrolled in eligible postsecondary institutions in 

the United States and Puerto Rico conducted by the National Center for Educational 

Statistics every 3 or 4 years using institutional records, government databases, and student 

interviews. This study primarily uses the 2008 wave of the NPSAS which focuses on the 

2007-2008 academic year, as well as the 2004 wave. NPSAS data was tabulated using the 

NCES PowerStats web application (http://nces.ed.gov/datalab/ ). Additional 

documentation about the NPSAS can be found on the NCES website 

(http://nces.ed.gov/surveys/npsas/about.asp ). 

BEGINNING 

POSTSECONDARY 

STUDENTS (BPS)

Longitudinal study that follows a subset of NPSAS respondents who began their 

postsecondary education during a given NPSAS year, and includes both those who complete 

and who do not complete their degrees. For the purpose of this study, attention is focused 

on BPS:04/09 (NPSAS:04). BPS data was tabulated through the NCES PowerStats web 

application. 

INTEGRATED POSTSECONDARY 

EDUCATIONAL SYSTEM 

(IPEDS)

Annual survey of all post-secondary institutions that participate in federal student aid 

programs conducted by the National Center for Educational Statistics (NCES). Includes 

variables on enrollments, tuition and fees, student financial aid, and graduation rates. 

(http://nces.ed.gov/ipeds/datacenter/)

POSTSECONDARY 

EDUCATION 

PARTICIPANTS SYSTEM 

(PEPS)

Department of Education’s management information system for administering student 

financial aid. Includes school level data on topics including school characteristics, cohort 

default rates, and eligibility status. 

(http://www2.ed.gov/offices/OSFAP/PEPS/dataextracts.html )

CONSUMER PRICE 

INDEX-ALL URBAN 

CONSUMERS (CPI-U)

Series ID CUUS0000SA0, 2002-2012, used to inflation-adjust other datasets. Downloaded 

from the Bureau of Labor Statistics website on April 13, 2012.
9 PRIVATE STUDENT LOANS

Part One: 

Lenders, Loan Markets 

and Products

The PSL market consists of three types of lenders: (1) depository and non-depository 

financial institutions,4 (2) non-profit lenders, many of which are affiliated with states, 

and (3) certain schools that elect to fund or effectively guarantee loans (institutional 

lenders). Financial institutions make up the majority of the market, with schools and 

state affiliates making approximately $1.9 billion a year in new loans out of a total of 

$7.9 billion in 2010-2011.5 This Report focuses primarily on the financial institution 

segment of the market, but turns to the other market segments at the end of Part One. 

Before turning to the history of PSLs funded by financial institutions, this Report 

begins with a discussion of federal aid programs, which form the context for all PSLs, 

regardless of provider. 

A. THE BASICS OF STUDENT LOANS

FEDERAL STUDENT AID PROVIDES A CRITICAL CONTEXT FOR 

UNDERSTANDING PSLS, WHICH WERE ORIGINALLY DESIGNED TO 

SUPPLEMENT FEDERAL LOANS AND GRANTS.

Federal aid, in the form of loans, grants, and tax credits, makes up over two-thirds of 

direct aid to all postsecondary students.

6

 This makes federal student aid far and away 

the most significant (non-familial) source of direct financial support for postsecondary 

students. PSLs make up less than 15% of total student debt outstanding as of January 

1, 2012 and contributed less than 7% to the estimated $112 billion in total student 

loans originated in 2010-2011.7
10 PRIVATE STUDENT LOANS

Students and parents who wish to take advantage of any federal student aid program 

must complete the Free Application for Federal Student Aid (“FAFSA”).8 Eighty 

percent of families of dependent undergraduate students filed a FAFSA in 2010-2011.9 

The Department of Education processes the FAFSA to determine the Expected 

Family Contribution (“EFC”) which is the amount that the student and family are 

expected to cover directly from their income, assets or other sources, including loans. 

The Department of Education reports the student’s EFC to those schools that the 

student has indicated interest in attending. The school calculates the student’s “Cost 

of Attendance” - tuition, fees, books and other program charges, together with 

expected costs for food and housing, transportation, and other necessary expenses of 

the school year. Essentially, it is the student’s personal budget for the year. The 

school deducts the EFC from the Cost of Attendance, and taking account of other, 

non-Federal aid available, awards the student aid in the form of Federal Pell Grants, 

work study, other grant aid, subsidized Stafford Loans, and Perkins Loans to defray 

the difference. Unsubsidized Stafford Loans and PLUS Loans are also available. 

Federal student loans are not based on traditional measures of consumer 

creditworthiness such as past credit performance or ability to repay.a

The relationship of EFC to federal aid is critical to PSL borrowers: PSLs were 

originally designed as one method to finance the EFC,10 and loan proceeds are 

considered resources available for education funding. If a student borrows more than 

the EFC, his or her overall federal aid can be recomputed and reduced and may even 

be subject to recapture to the extent that it has already been disbursed.11

The Department of Education offers three loan products that can be used to finance 

the EFC: the PLUS Loan (a loan to parents of undergraduates) and the Grad PLUS 

Loan (made to graduate or professional students), both of which use a credit check to 

determine borrower eligibility but not loan terms or conditions, and the unsubsidized 

Stafford Loan, which is not credit-based. Each of these loans competes with PSLs. 

In addition, because a student can elect to use a PSL in lieu of a subsidized Stafford 

loan, in whole or in part, subsidized Stafford loans also compete with PSLs. Thus, 

demand for PSLs is closely tied to federal loan program dollar limits and eligibility 

requirements. Unsubsidized Stafford loans are now capped at $31,000 for 

undergraduates (for four years),12 and have annual caps of $5,500 to $7,500, increasing 

with years of education completed. Graduate and professional students may borrow 

up to $138,500 in combined subsidized and unsubsidized Stafford loans.13 14 As 

discussed below, while Stafford loans offer significant risk mitigation compared to 

PSLs, more than 54% of PSL borrowers do not exhaust their Stafford loan eligibility, 

or do not even apply for federal aid. 

In summary, for the vast majority of students who file a FAFSA, PSLs exist as part of 

a mosaic of financial options that includes grants and federal debt. The college’s 

financial aid office is responsible to award aid controlled by the school and then 

 a PLUS loans require borrowers to not have an adverse credit history, but this is a more 

limited standard than traditional creditworthiness measures.
11 PRIVATE STUDENT LOANS

“package” all the eligible financial aid and explain the EFC. The PSL should be a 

consideration in a context that requires the coordination of the school’s financial aid 

office. In that context, the PSL can be a useful tool in the education finance toolkit. 

B. FINANCIAL INSTITUTIONS AND THEIR 

PRODUCTS

Prior to 2010, most Stafford loans were funded by private lenders (financial 

institutions, primarily banks), guaranteed by state or non-profit entities, and reinsured 

by the federal government under the Federal Family Education Loan (“FFEL”) 

program.15 Lenders also received supplemental payments under the FFEL Program.16 

Because Stafford loans are awarded as part of a school financial aid package, the school 

served as the gatekeeper in connecting students and lenders. Under Title IV of the 

Higher Education Act, the Department policed the schools’ unbiased service as 

gatekeepers, through the anti-inducement rules, which prohibited explicit quid pro quo 

for the referral of a federal student loan.17

As a gatekeeper, the financial aid office could influence borrowers by referring 

students to one or more sources of FFEL loans, and lenders sought to be included on 

the school’s “preferred lender list.” One way a bank lender could distinguish itself in 

the competition to be named in the preferred lender list at a school was to offer a 

companion PSL that could also be awarded (or at least referred to) as part of the 

financial aid package to pay the EFC. Making PSLs available to FFEL borrowers from 

a school was not, until 2008, considered a violation of the anti-inducement rules.18 

Prior to the lending boom period of 2005 – 2007, banks used the school financial aid 

award as their most direct method of marketing through the “school channel,” as it 

was called. As with the Stafford loans being originated at the same time, the PSL 

lender would look to the school to review approved loans and “certify” that the 

borrower was enrolled and that the loan did not exceed the EFC. As with Stafford 

loans, PSL proceeds were directly disbursed to the school. In some cases, lenders even 

used the same technology platforms to communicate with schools about FFELs and 

PSLs.19

Thus, the creation of the PSL industry and its continued operation are intertwined with 

the mechanics of the federal aid process. The PSL came into existence as an adjunct to 

the federal student loan program, grew through federal student loan (FFEL) marketing 

channels, and shared processing and control systems with FFEL loan programs. 20

PSLS ARE CREDIT-BASED PRODUCTS DESIGNED TO MIMIC KEY 

PRODUCT FEATURES OF STAFFORD LOANS – WITH DISTINCTIONS 

THAT ARE CRITICAL FOR CONSUMER AWARENESS AND RISK.

From a consumer’s perspective, Stafford loans and PSL products share many key 

features, and this may cause confusion for consumers.21 Stafford loans do not require 

the borrower to repay while still in school.22 Unsubsidized Stafford loans accumulate 
12 PRIVATE STUDENT LOANS

interest while the student is enrolled in school, and this interest is added to the 

principal balance (capitalized). Stafford loans offer a six-month grace period after 

graduation before payments begin. Stafford loans offer additional deferment of 

payment upon return to school to complete a degree or conduct post-graduate study. 

These features are found in all of the PSLs reviewed in this study.

However, there are important differences. Nearly all American students are eligible for 

some form of federal student loan, without regard to traditional creditworthiness 

criteria.23 In contrast, in the current market, most PSLs require at least one borrower 

to be “creditworthy”: currently employed, having a minimum credit score and, in more 

recent years, meeting other criteria such as a debt-to-income ratio.24 Many 

undergraduates would not meet these requirements. Today, most PSLs for 

undergraduates (and a large number of loans to graduate students) must be co-signed 

by a creditworthy person.

A key distinction between federal student loans and many PSLs is interest rate risk. 

Today all federal student loans have fixed rates. Most PSLs are variable-rate loans with 

risk-based pricing, where pricing varies from consumer to consumer based upon an 

assessment of the creditworthiness of the borrower. Appendix Figure 1 shows the 

evolving mix of rate indices across the Sample Lender loan level data. Lenders have 

typically used LIBORb and prime rate to govern PSLs. For undergraduates, some 

lenders are now offering fixed rates that appear to compete with Stafford rates, but 

these rates are comparable to Stafford rates only for students with the most 

creditworthy co-signers. Less creditworthy borrowers are offered fixed rates much 

higher than Stafford rates.25

While all Stafford borrowers are entitled to a single rate that may be reduced based on 

financial need, the rates for PSL borrowers vary widely with their credit scores. In 

terms of recent (December 31, 2011) offerings, the Sample Lenders reported low-end 

variable rates of 2.98% to 3.55% and high end rates (those paid by those with the 

worst credits) of 9.50% to 19.00%, with an average rate of 7.8%. These are initial rates 

in a very low rate environment and could increase substantially if interest rates rise 

generally. Fixed-rate risk-based pricing reported by Sample Lenders ranges from 3.4% 

to 13.99%.26 The distributions of margins above the index rate are shown in 

Appendix Figures 3 and 4. Margins increased after the financial crisis of 2008, but 

have declined to some degree for most program types.

One final and critical difference between PSLs and the Stafford loans they emulate is 

the risk associated with future employment and the ability to repay. Stafford loans 

offer numerous adjustments for borrowers who have difficulty making payments. 

Income-based repayment and income-contingent repayment allow payments to be 

reduced, based on current income levels. Forbearance allows for a temporary 

reduction or cessation of payments, potentially for many months at a time. Even for a 

borrower who falls into default at 270 days past due, there are still programs to 

rehabilitate (cure) the default or consolidate to take the loan out of default.27 

 b Please see Glossary for definitions of key terms and concepts, including LIBOR
13 PRIVATE STUDENT LOANS

Rehabilitation even results in an adjustment of the default notation in the consumer’s 

credit report.28 With the exception of short-term forbearance periods, PSLs generally 

lack similar risk mitigation tools. 

At 120 days past due, PSLs are generally placed in default and there are no current cure 

programs that eliminate a record of default.29 Because PSL lenders currently require 

co-signers in 90% of loans, the Stafford loan repayment flexibility tools arguably 

should not be needed for PSLs. That is, Stafford loans do not control for ability to 

pay at origination, and the law provides for adjustments for those who cannot pay after 

separation from school. In contrast, if a PSL lender has already tested for ability to 

repay, there should be fewer cases where borrowers ultimately are unable to pay. As 

explained below, this may not be a correct assessment in all economic circumstances.

In summary, the PSL was designed to mimic a Stafford loan during school, but it has 

key differences which create risks for consumers if the future path of interest rates, the 

economy, and the labor market vary beyond initial expectations. If a significant 

number of consumers still confuse the two, that confusion may cause long-lasting and 

substantial consumer harm.

LENDER DATA CONFIRMS THAT PSL RISKS GENERALLY MAKE 

STAFFORD LOANS A BETTER CHOICE FOR MOST CONSUMERS.

The general principles articulated in the preceding section are illustrated by the material 

cost differentials and rate risks experienced by PSL borrowers in the Sample Lender 

loan level data. PSLs have risk-based pricing, meaning that consumers are presented 

with a range of possible rates before they apply. Only after the lender approves the 

loan does the consumer receive a disclosure showing the actual, risk-based price for 

that consumer.30 As shown in Figure 1 there can be a material difference in the initial 

rate. The red line in Figure 1 is the current unsubsidized Stafford rate of 6.8%, in 

effect since 2008. 
14 PRIVATE STUDENT LOANS

FIGURE 1: HISTORY OF INITIAL RATES FROM LOAN LEVEL DATA: MIN, 

MAX, AND MEAN (SAMPLE LENDERS)

Source: Sample Lender loan level data

As illustrated in Figure 1, during this period it was possible to obtain an initial rate 

below the unsubsidized Stafford level, but only borrowers with the most creditworthy 

co-signers could do so. The mean borrower always started out above the fixed 

Stafford rate. The initial rate on a variable rate loan is also subject to rate variation 

risk. In today’s historically low rate environment, the most creditworthy borrowers 

have temporarily won that gamble, as illustrated in Figure 2.

Figure 2 illustrates mean, maximum and minimum rates paid by Sample Lender loan 

level borrowers on 2005 cohort loans.31

 
15 PRIVATE STUDENT LOANS

FIGURE 2: ACTUAL RATES PAID BY 2005 COHORT BORROWERS, MEAN, 

MINIMUM, AND MAXIMUM (SAMPLE LENDERS)

Source: Sample Lender loan level data

The current historically low rate environment is, however, an anomaly. A borrower 

needs to understand the history of rate movement in order to evaluate rate risk on a 

variable rate loan. In one standardized method of disclosing rate risk, The Truth in 

Lending Act (“TILA”) requires the lender to show a 15-year history for a 15-year 

home equity line of credit – illustrating what would have happened if the borrower had 

taken out the loan 15 years prior to the present-day application. Figure 3, below, 

applies the same methodology to hypothetical 20-year PSLs – using actual rate and 

margin data for loans in the Sample Lender loan level database. We used 2011 Sample 

Lender loan margin and historical LIBOR data to illustrate mean, minimum and 

maximum rate histories for such loans. The Index is three-month LIBOR, one of 

several common indices used for PSLs: 

 
16 PRIVATE STUDENT LOANS

FIGURE 3: HYPOTHETICAL RATES BASED ON HISTORICAL INTEREST 

RATES AND 2011 MARGINS (1992- 2011)

 

Source: Sample Lender loan level data

As shown above, the strongest credits would have paid less than the Stafford rate, but 

the average (mean) PSL borrower whose loan was governed by 2011 loan margins 

would have never paid a lower rate than the Stafford rate. Perhaps more telling, those 

borrowers who pay the highest rates under 2011 structures would have paid between 

13% and 20% interest, based on historical rates.

In summary, when considering the marketing, disclosures, processing or other factors 

that may influence a consumer choice of a PSL in lieu of a federal student loan, public 

policy should emphasize the choice of a federal student loan. To be sure, there is a 

relatively small subset of families who have the financial capacity to weather the 

incremental risks presented by the PSL product. For a family with the financial 

capacity to pre-pay a variable-rate PSL should rates rise, and with the ability to bear the 

financial burden of the loan should the student’s future income not match 

expectations, a PSL may, in some circumstances, be an appropriate substitute for an 

unsubsidized Stafford loan. 0.0% 5.0% 10.0% 15.0% 20.0% 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Interest	Rate

20	Year	Hypothetical	Interest	Rates	Based	on	2011	Margins 1	month	LIBOR	as	Index

Note:	Bold	Red	Line	indicates 6.8% Mean Minimum Maximum
17 PRIVATE STUDENT LOANS

THE FINANCIAL INSTITUTION PSL MARKET EXPERIENCED A BOOM 

AND BUST CYCLE IN THE LAST DECADE, FACILITATED BY THE ASSETBACKED SECURITIES MARKET.c

The financial institution PSL market grew rapidly over the last decade and just as 

rapidly receded. According to the College Board, the financial institution market grew 

from less than $5 billion in 2001 to over $20 billion in 2008, and then rapidly 

contracted to less than $6 billion in 2011.32 The loan volume of the lenders in the 

Sample Lender Portfolio shows a similar trend. Note that the Sample Lenders consist 

of firms who weathered the market downturn and remained in business into 2012, 

using deposits and other “on-balance sheet” funding sources33 in part during the 

securitization and lending boom (2005 – 2007) d and predominantly after the financial 

crisis. Figure 4 shows originations of PSLs by Sample Lenders by calendar year for 

2005-2011:

FIGURE 4: ORIGINATION VOLUMES 2005 – 2011 ($B’S) (SAMPLE 

LENDERS)

 c For an explanation of the securitization market and process, please see the entry on 

“Asset-Backed Securitization” in the Student Loan Glossary at the end of this Report.

d In the course of examining the sample lender data, the Agencies found that pricing 

began to rise and underwriting standards began to tighten in 3Q07 and accelerated 

dramatically in 3Q08. Due to the seasonality of student lending and the common use of 

multiple disbursement loans, our data tabulation reports a loan to be originated in the 

period when loan proceeds were first disbursed. Because of these complexities, it is 

difficult to pinpoint an exact moment when the “boom” period came to an end. For the 

purposes of this Report, we have defined the end of the securitization and lending boom 

period as occurring in 3Q07.

6.6	

7.8	

9.4	

10.1	

7.0	

5.6	 5.7	

2005 2006 2007 2008 2009 2010 2011

Private	Student	Loan	Volume	in	Billions	

as	reported	by	large	bank	lenders

Note:		Data on	Outstandings	gathered	from	the	sample	lenders	may	include	purchased	loans	not	included	in	loan	origination	data

Note:		Estimated	2011	market	size	when	including	other	lenders	not	in	sample:	$7	billion	(origination),	$150	billion	(outstanding)

Originations

Outstandings 55.9 77.1 101.1 123.8 133.0 136.7 140.2
18 PRIVATE STUDENT LOANS

Source: Sample Lender loan level data

A large portion of student loan volume during the boom was funded by asset-backed 

securities (“ABS”). In this respect, the private student loan market resembled the 

subprime mortgage market. During the boom, high investor demand for student loan 

ABS (“SLABS”) allowed SLABS issuers to create structures with very low 

collateralization ratios.

34 As a result of these factors, $100 in student loans could 

generate immediate cash proceeds from securitization of $105 or more.35 Generally 

speaking, the buyer assumed all of the risk that the borrower would fail to repay the 

loan after such a transaction. Therefore, a PSL lender had an incentive to increase loan 

volumes made for such a sale, with less incentive to assure the creditworthiness of 

those loans.36 This dynamic provided the means and the incentive for PSL lenders 

and SLABS issuers to originate and securitize greater and greater amounts of PSLs 

between 2005 and 2007(see Figure 4 and Figure 5). As developments in the assetbacked securities market in mid to late 2007 negatively impacted investor demand for 

SLABS,

37 PSL originations slowed dramatically.38 As noted above, our Sample 

Lenders are largely composed of banks who had the ability to house loans on their 

balance sheets in the absence of the ABS market, thus the significant decline in PSL 

originations for our sample occurred in 2009 as the financial crisis spread from the 

“shadow banking system”39 into the traditional banking system.

FIGURE 5: PSL ABS ISSUANCE VOLUMES 2004 – 2011 - $ BILLIONS 

(SOURCES BELOW)40

 

The ABS totals for 2009 and 2010 are inflated by the now-concluded TALF program

(government-assisted transactions).

41
19 PRIVATE STUDENT LOANS

DEMAND CREATES SUPPLY: THE DIRECT-TO-CONSUMER CHANNEL 

AND LOAN AMOUNTS.

During the lending boom, PSL lenders sought to increase volume through a new 

marketing channel and processing protocol: Direct-to-Consumer (“DTC”). DTC 

lending circumvented the school’s financial aid office, marketing instead through mass 

media, online advertising, and direct media.42 Funds were generally disbursed directly 

to the student, instead of to the school. The school did not certify the borrower’s 

financial need, and the lender instead imposed a cap of the lesser of total cost of 

attendance or a fixed amount, such as $30,000.43 This new technique could 

simultaneously increase the number of borrowers and the amount each one borrowed. 

It also created an opportunity for the student to borrow more than the EFC.

FIGURE 6: SCHOOL CHANNEL VERSUS DTC ORIGINATIONS BY 

PROGRAM BY CALENDAR YEAR (2005-2011)

Source: Sample Lender loan level data

Figure 6 illustrates the rapid growth of DTC lending and the retreat of school-channel 

lending (and associated certification) during the boom years. By 2008, 68% of 

undergraduate loans were school certified, down from 82% in 2005.44 The eligibility 

for federal aid and the corresponding EFC, together with the school’s determination of 

availability of scholarships and other non-federal aid are critical tools in determining 

how much private debt makes sense for a borrower, both in terms of excessive future 

loan payments and potentially jeopardizing federal aid. When separated from those 

tools, some students rapidly increased the amount they borrowed during the DTC-
20 PRIVATE STUDENT LOANS

dominant years of 2005-2008. Figure 7 shows the average ratio, calculated at the 

borrower level, of PSLs to annual tuition and fee expense, at the borrower’s school in 

the year in question, for borrowers in the Sample Lender loan level data.45

FIGURE 7: PSL BORROWING AS A % OF TUITION BY PROGRAM TYPE 

(ACADEMIC YEAR) (SAMPLE LENDERS)

Source: Lender loan level data, tuition and fees from IPEDS.

Matched on OPEID and student’s in-state status based on state reported to lender.

Sample restricted to borrowers whose schools could be matched to IPEDS by OPEID.
21 PRIVATE STUDENT LOANS

FIGURE 7A: UNDERGRADUATE PSL BORROWING AS A % OF TUITION 

BY CERTIFICATION STATUS (ACADEMIC YEAR) (SAMPLE LENDERS) 

Source: Lender loan level data, tuition and fees from IPEDS.

Matched on OPEID and student’s in-state status based on state reported to lender.

Sample restricted to borrowers whose schools could be matched to IPEDS by OPEID.

Restricted to loans with data on loan balances.

Figure 7A draws a comparison between school certified and DTC undergraduate 

lending by computing the median ratio of loan amount to tuition and fees by 

certification status for each year. The difference in the level of borrowing relative to 

tuition and fees is pronounced, although the difference decreased as lenders tightened 

underwriting standards during the sample period. Changes in undergraduate loan 

amounts could reflect changes in other aid or changes in other family financing 

options, but the data does not support those hypotheses. 

According to the College Board, 2005 – 2011 was not a period of dramatic decline of 

uptake of other aid sources.46 In other words, students were still receiving grants and 

loans from schools and the federal government at similar levels across the entire period 

to cover their overall cost of education. Changes in other family resources also fail to

explain the spike in reliance on PSLs. During 2004-2007, PSL sizes grew, even though 

families had not yet lost access to home equity lines of credit (“HELOCs”), cash-out 

home equity refinance loans, and other financial products that could support 

borrowing, as happened in the subsequent recession. In fact, if family income and 

assets drove the size of PSLs, the decline in household resources during the recession 

would suggest that PSL amounts should have grown during the recession, when they 

in fact declined after 2007. 
22 PRIVATE STUDENT LOANS

There is reason to infer that the increase in DTC loan amounts relative to tuition and 

fees reflects additive borrowing; students were borrowing more directly from lenders 

while maintaining other financial aid sources, that is, over-borrowing (borrowing more 

than the Expected Family Contribution). This comports with the fact that, absent 

school certification, lenders may not know what other debt aid the student has already 

incurred for the academic year. Notably, the difference in the level of borrowing 

between the school-certified and DTC channels narrows over the sample period, 

suggesting that as underwriting standards tightened the risk of over-borrowing was 

partially reduced.

DEMAND CREATES SUPPLY, REVISITED: CREDIT STANDARDS WEAKEN 

AS LOAN VOLUMES RISE.

During the securitization boom, the SLABS market was similar to the residential 

mortgage-backed securities market in another respect: credit criteria. The demand for 

PSL assets to fuel SLABS issuance provided incentives to increase approval rates by 

lowering minimum credit scores and muted incentives to increase the percentage of 

creditworthy borrowers in a loan pool. Figure 8 shows the weighted average FICO 

scores of borrowers for loans in our sample, illustrating a general move to less 

creditworthy borrowers during the securitization and lending boom. Figure 8 presents 

FICO scores weighted by real original balances for educational loans, demonstrating 

that weighted average FICOs from 2005 to 2011 varied by as much as 40-60 points as 

credit standards first dipped and then, after the financial crisis, rapidly increased. 

FIGURE 8: WEIGHTED AVERAGE FICO SCORES BY CALENDAR YEAR 

(SAMPLE LENDERS) 	600 	650 	700 	750 	800

2005 2006 2007 2008 2009 2010 2011

FICO	Score

Weighted	Average	FICO	Score	for	Education	Loans	by	Year	of	Origination

Wtd	Avg	Max	FICO	w/	Co-Borrower Wtd	Avg	FICO	Borrower	Only Wtd	Avg	Max	FICO	-	All	Loans
23 PRIVATE STUDENT LOANS

Source: Sample Lender loan level data

The “weighted average max FICO” shows the average of the highest FICO where there are 

two or more borrowers with FICOs on a loan,

47 the weighted average borrower-only FICO 

shows the average of loans with only one signer, and “all loans” averages the two. 

Figure 9, below, presents the change in educational loan volumes both as a proportion 

of all loans and as counts of loans for borrowers in each of the deciles of FICO scores 

for borrowers in the Sample Lender loan level data in 2005. During the boom years, 

the lowest credit deciles were the most heavily populated. After the financial crisis, the 

distribution reversed. Simply put, during the boom, lenders made a high percentage of 

loans to weaker credits. Today, only a very good credit is likely to be approved:

FIGURE 9: FICO DISTRIBUTION BY 2005 DECILES (SAMPLE LENDERS)

Source: Sample Lender loan level data

To summarize, during the SLABS boom the size of the PSL market doubled through a 

combination of over-borrowing and a marked decline in credit standards. Both of 

those trends created consumer risks at the same time that they created risks to lenders 

(or the investors holding the loans); both consumers and creditors lose when loans 

cannot be repaid.
24 PRIVATE STUDENT LOANS

DISLOCATION IN THE CAPITAL MARKETS CAUSES A SIGNIFICANT 

CONTRACTION IN THE SECONDARY MARKET

As described in Figure 5, the SLABS market dropped to $1 billion in 2008. Excluding 

government-assisted transactions, 2009 and 2010 volumes were $2.9 billion and $5.4 

billion, respectively.48 In 2011, securitization levels declined to $3 billion. SLABS 

transactions are no longer immediately profitable for lenders, meaning fewer lenders 

rely on them as a funding source.49

Starting in 2008, as illustrated in Figure 10, banks and investors incurred sharply 

increased defaults on loans made during the lending boom. The timing of these 

defaults appears to track the recession, but the volume within cohorts may also be 

related to over-borrowing and the level of subprime credits in cohorts like 2007.

FIGURE 10: GROSS DEFAULTS BY TIME INCIDENCE – SAMPLE LENDER 

PORTFOLIO (X AXIS IS CALENDAR YEAR)

Source: Sample Lender loan level data 	- 	100 	200 	300 	400 	500 	600

2005 2006 2007 2008 2009 2010 2011

$	in	Millions

Defaulted	Loan	Balance	by	Vintage	Shown	by	Year	of	Incidence

2005 2006 2007 2008 2009 2010 2011
25 PRIVATE STUDENT LOANS

FIGURE 11: (BASED ON $’S) GROSS CUMULATIVE DEFAULT CURVES BY 

ORIGINATION VINTAGE (2005-2009) BY YEARS OF SEASONING 

(SAMPLE LENDERS)

Source: Sample Lender loan level data

The default curves for the 2005-2008 vintages in the Sample Lender Portfolio data 

show increasing loss rates for each successive vintage, reflecting increasingly aggressive 

underwriting. Notably the 2009-2010 vintages do not show the steep trajectories of 

earlier years. The foregoing are data from the Sample Lender Portfolio. In reviewing 

the portion of these loans that were securitized, the ABS analysts and the issuers 

appear to agree that the credit quality of Direct-to-Consumer (i.e., not school-certified) 

lending in 2005-2008 was materially worse than average.50 All of the ABS issues from 

the issuers with large DTC percentages have been downgraded,51 meaning that the 

agencies that rate the credit quality of the bonds have determined that the SLABS 

backed by loans from those lenders have a relatively high risk of loss, because the 

underlying loans have a relatively high risk of default compared to the assumptions 

used when the bonds were originally issued. 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0%

Year	1 Year	2 Year	3 Year	4 Year	5 Year	6 Year	7

Percentage	of	Dollars	of	Loans	Defaulted

Gross	Cumulative	Defaulted	Loan	Balances	by	Origination	Vintage

(by	Years	of	Seasoning)

2005 2006 2007 2008 2009
26 PRIVATE STUDENT LOANS

POST-CRISIS, LENDERS REPORT A FLIGHT TO QUALITY IN PSL 

UNDERWRITING.

The sample lenders report in their qualitative description of underwriting changes that 

they have taken a number of measures to improve credit quality since 2008. As 

illustrated in Figure 12 and Figure 13, the proportion of loans that are co-signed has 

increased over the sample period; by 2011, 90.5% of the dollar volume of educational 

loans originated by the sample lenders was co-signed, compared to 55% in 2005. 

Adding a co-signer provides a margin of safety for both lender and borrower. The 

benefit to the lender is obvious. For the student borrower facing today’s difficult labor 

market, a co-signer can provide a payment bridge if the student struggles financially.

FIGURE 12: PERCENTAGE OF CO-SIGNED EDUCATION (NONCONSOLIDATION) LOANS FROM 2005 – 2011 (SAMPLE LENDERS)

Source: Sample Lender loan level data

 

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

2005 2006 2007 2008 2009 2010 2011

Percentage	of	Loans	with	a	Co-Signer

Percentage	of	Co-Signed	Education	Loans	by	Year	of	Origination

(Based	on	Loan	Dollars)
27 PRIVATE STUDENT LOANS

FIGURE 13: PROPORTION OF LOANS WITH CO-BORROWERS BY 

PROGRAM TYPE

Source: Sample Lender loan level data

With respect to increases in the level of co-signing, lenders were seeking to mitigate 

risk as they expanded access to credit throughout the reporting period; however, we 

note that this trend accelerated between 2008 and 2009, as falling investor demand for 

SLABS both reduced the size of the PSL market and forced lenders to retain the bulk 

of their production for their own loan portfolios. 

In addition, mean FICOs have increased and the distribution now shows peaks in the 

upper credit tiers and relatively few low score loans. See Figures 8 and 9, above. 

School certification is now at its highest level since the beginning of the Sample Lender 

Origination dataset (see Figure 6). Lenders also report returning to the practice of 

disbursing funds to schools instead of to borrowers. 

To summarize, the Sample Lender Portfolio and loan-level data illustrate a credit boom 

that led to lax underwriting standards on a number of dimensions and a bust that has 

led to a significant tightening of those underwriting standards.
28 PRIVATE STUDENT LOANS

THE CURRENT STATE OF PRODUCT TERMS: INCREASED RATE RISK 

AND INCREASED REGULATION OF INFORMATION PROVIDED BY 

SCHOOLS.

The historical interest rates of PSLs and the margin over variable rate indices are 

shown in Appendix Figures 2, 3 and 4. Appendix Figure 2 shows initial interest rates 

moving up with the credit crisis in 2007-2008, for all education programs, and down 

with the general rate environment in 2009. As lenders sought out primarily excellent 

credit from co-signers, the range from high to low rates contracted. Tellingly, 

Appendix Figures 3 and 4 show that margins (which are added to the index to produce 

the variable rate) increased rapidly in 2007-2008, but did not subsequently decline as 

much as initial rates declined. As shown in Appendix Figure 4, the persistence of 

higher margins is not attributable to lenders changing the overall mix of index rates, 

but to an increase in margins added to each index rate. To a significant degree, the 

recent reduction in initial variable rates advertised by PSL lenders is more a factor of 

today’s extremely low general interest rate environment than it is of loan terms 

returning to pre-crisis levels.52 Today’s PSLs have more embedded (and asymmetrice) 

rate risk than PSLs in 2005. Figure 3, above, shows the combined effect of rate 

variation over time and the relatively high margins currently used to compute variable 

rates. Even in the current extremely low rate environment, only the best credits 

receive PSLs with rates below the unsubsidized Stafford interest rate. 

Marketing channels for PSLs have also changed, possibly due in part to changes in 

laws and regulations. The return to school-certified lending has not been paralleled by 

a return to school sourcing of borrowers. Many lenders continue to find borrowers 

through direct marketing to existing banking customers, involving the school only after 

loan approval, to verify financial need.53 

Schools are well-positioned to influence financial decision-making by students. This 

has often attracted scrutiny from the public and regulators. For example, many 

financial institutions arrange marketing partnerships with schools to attract students to 

credit card, deposit account, and financial aid disbursement card products. Financial 

institutions have also pursued arrangements to attract borrowers for PSL products. 

Prior to the changes to the Higher Education Act under the Higher Education 

Opportunity Act of 2008 (“HEOA”) and subsequent Department of Education 

regulations, there were numerous reports of inappropriate relationships between 

schools and lenders that reflected inducements given to, and in some cases solicited by, 

schools for placement on an institution’s preferred lender list. These relationships were 

exposed in investigations by the New York Attorney General and the United States 

Senate. Documentation of these practices obtained through these investigations 

reflected direct compensation to institutions, travel and accommodation for “advisory 

board” meetings hosted by lenders, and school financial aid officials receiving stock 

and stock options from lenders on the preferred lender list. The Investigations by the 

 e As interest rates cannot become negative, and generally PSL notes have no rate caps, 

interest rates can potentially increase more than they can decrease.
29 PRIVATE STUDENT LOANS

Iowa Attorney General also revealed that its state-affiliated PSL provider 

inappropriately steered students towards higher cost loan products, and provided

payments to participating colleges encouraging use of their PSL product.54

A number of Public Commenters suggest that provisions of the HEOA imposed 

excessive restrictions on schools who choose to provide information about PSLs to 

students or parents. These changes established code-of-conduct requirements relating 

to the selection of “preferred lenders” (including imposing quasi-fiduciary duties) and 

required the postsecondary institution to provide disclosures designed to ensure, if the 

school chooses to refer students to a lender, that students and families have the 

information to determine whether the institution conducted a fair selection process 

that was free from conflicts of interest.55 Comments from schools, lenders and 

advocacy groups all noted that a majority of schools are concerned about 

recommending lenders under the preferred lender rules, and many refuse to provide 

any information about PSLs.56 Many school commenters complained of the burden of 

the regulations and stated that students receive less information about lending options 

as a result of the rules. The public commenters, however, have not suggested 

alternative safeguards to avoid repetition of those inappropriate relationships and 

associated market failures that would be less restrictive than current marketing rules.

In addition to complaints about the rigors of the new “preferred lender list” rules, 

schools also expressed concern that the 2008 law changes interfere with delivery of 

federal loan options that may not be viewed by the public as “private student loans,” 

even though they are defined in the statute as such. Under the 2008 amendment to 

TILA, the term “private student loan” includes any loan not made or insured under 

Title IV of the HEA, such as health professions loans administered by the Department 

of Health and Human Services. 57 As a result, preferred lender list requirements and 

special TILA disclosures even apply to some loan programs established by Congress. 

The result is confusing disclosures and an added burden on schools to deliver another 

federal loan program. For example, the special disclosures for federal health 

professions loans include several admonitions to exhaust federal loan options first 

(before taking a federal loan).58 

To summarize, PSLs (offered by financial institutions) have become more risky with 

respect to interest rates and many schools have reported that they find it more difficult 

to provide information about PSLs under current statutory requirements.
30 PRIVATE STUDENT LOANS

C. NON-BANK PSL PROVIDERS

As explained at the beginning of this Report, for-profit (bank) lenders make up $6 

billion of today’s $7.9 billion PSL market. The balance is provided by state-affiliated 

non-profit lenders and by the schools themselves (directly or through schoolsupported investment funds). 

NON-PROFIT, STATE-AFFILIATED LENDERS GREW DURING THE 

SECURITIZATION BOOM AND CAPITAL MARKETS RESTRICTIONS HAVE 

SINCE CUT THEIR VOLUME.

Ten state-affiliated non-profit private loan providers volunteered to provide data for 

this study. These lenders provide approximately $950 million annually in loans for 

residents of their states and out-of-state students attending in-state schools. The state 

program providers report that their loans are distinguished from for-profit lenders in a 

number of ways, including lower, fixed rates derived from tax-advantaged bond 

funding, lack of risk-based pricing, substantial financial counseling before and after 

borrowing, and 100% school certification. To learn more about these loans, the 

Agencies obtained voluntary submission of data from state-affiliated lenders. 

Non-profit lenders submitted loan origination volume history set forth below in Table 

1. The Agencies believe this sample to be representative of approximately 50-60% of 

the aggregate size of the non-profit, state-affiliated loan market. 

TABLE 1: SELF-REPORTED LOAN VOLUMES OF STATE-AFFILIATED 

NON-PROFIT LENDERS

Sample of Non-Profit/State-Affiliated Private Student Loan Originations by Academic Year

Dollars in Millions

2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011

$533.9 $764.9 $1,005.7 $584.0 $552.2 $600.6

Source: State Lender data

As evidenced by the table above, non-profit, state-affiliated programs experienced a 

significant curtailment in originations beginning with the 2008-2009 academic-year 

cohort; originations fell 39% between 2008 and 2009. Growth returned in the 2010-

2011 academic year. Because the nature of the data available for this set of lenders 

differs from that of the financial institution lenders from both a qualitative and 

quantitative perspective, it is difficult to draw conclusions about the causes for such 

declines and growth. 
31 PRIVATE STUDENT LOANS

Similar to financial institutions, non-profit state-affiliated lenders leveraged the 

availability of capital in the secondary markets, specifically by issuing SLABS.59 While 

the structures of the financing vehicles utilized by non-profit lenders during the boom 

years differed slightly from for-profit structures (i.e. revenue bonds versus 

senior/subordinate tranches of taxable debt), non-profit, state-affiliated lenders were 

impacted by the lack of investor demand for SLABS as well.60 Most of the student 

loan backed bonds issued by non-profit, state-affiliated lenders are tax exempt and 

therefore have a funding advantage over for-profit SLABS securities for certain 

investors, but even tax-advantaged investments were curtailed during the financial 

crisis of 2008.

NON-PROFIT, STATE-AFFILIATED LENDERS CLAIM TO PROVIDE A 

LOWER-RISK, MORE CONSUMER-FRIENDLY PRODUCT, AND THE 

LIMITED AVAILABLE FACTS APPEAR TO SUPPORT THESE CLAIMS

Non-profit, state-affiliated lenders claim to achieve lower risk to consumers due to 

consumer education, not using risk-based pricing, using fixed rates in most cases, 

providing more repayment options, requiring all loans to be school certified, and 

having a general mission to benefit the public. One non-profit, state-affiliated lender’s 

Public Comment included detailed information about online financial counseling 

required to be completed by borrowers and their co-signers prior to even applying for 

a loan. The lender reported that a significant number of borrowers who completed the 

counseling reduced their loan amount request. 

Five state-affiliated lenders provided extensive historical loan interest rate data. Every 

lender had a long history of offering single fixed-rate products, without using riskbased price tiers. Using a single interest rate, for borrowers with a range of credit 

characteristics, averages credit risk across all borrowers and gives borrowers with 

weaker credit lower pricing than they would receive in an individual risk-based pricing 

regime. Interest rates prior to the financial crisis ranged from 6.0% to 7.5%. After the 

crisis, more stringent credit and funding requirements in the ABS market increased 

prices by approximately 200 basis points.

Default rates for non-profit, state-affiliated lenders in our data set are approximately 

half that of their for-profit market counterparts in our Sample Lender loan level 

database. Underwriting data from a portion of our sample suggests that more careful 

underwriting (relative to financial institution lenders) reduced default rates. Figure 14, 

below, shows the lifetime gross cumulative loss curves from 1997 through 2010 for a 

select group of lenders who submitted their loan performance data for this study. 

Non-profit lenders also exhibit much higher recovery rates on defaulted loans, 

reflecting both conservative credit underwriting and special collection tools available to 

some (such as garnishing state tax refunds). Figure 14 shows data for loans going into 

repayment for five lenders who elected to provide data.

 
32 PRIVATE STUDENT LOANS

FIGURE 14: GROSS CUMULATIVE DEFAULTED DOLLAR CURVES BY 

REPAYMENT ENTRY VINTAGE (1997-2010) BY YEARS OF SEASONING 

FOR FIVE NON-PROFIT LENDERS

Source: State Lender data

Please note that the data presented above is reported on a different basis than the 

financial institution lender loss curves presented in Figure 11. The above data is 

presented by year of repayment entry, not year of origination. 

The Agencies were unable to obtain comprehensive data regarding default avoidance 

and cure options available to borrowers under the state-affiliated programs. As noted 

above, federal student loans provide comprehensive borrower protection through 

repayment options both before and after default. In response to questions on this 

issue, some state-affiliated lenders indicated that capital markets funding for their loans 

limited their flexibility in providing repayment protections to borrowers. 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00%

Year	1 Year	2 Year	3 Year	4 Year	5 Year	6 Year	7 Year	8 Year	9 Year	10 Year	11 Year	12 Year	13 Year	14 Year	15

Default	Rate

Gross	Cumulative	Losses	by	Repayment	Vintage

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
33 PRIVATE STUDENT LOANS

INSTITUTIONAL LENDING

LITTLE IS KNOWN ABOUT INSTITUTION-FUNDED LENDING AT NONPROFIT SCHOOLS.

There is very little verifiable quantitative data about PSLs made directly by schools. 

According to the College Board, total institutional loan volume is estimated to be 

approximately $720 million in the 2010-2011 academic year, as compared to $500 

million in the 2007-2008 academic year. 

Public Comments paint a consistent picture of institutional lending. Many schools 

offer payment plans to spread out costs over 12 months.61 Many institutional loan 

programs are designed to emulate the Perkins Loan program, which are federally 

financed loans offered through and originated by schools. 

Perkins loans have a low fixed rate and an interest subsidy during enrollment. 

Institutional loans are usually loans of last resort, offered when the student has 

exhausted all other sources. As such, institutional loans are not based on ability to 

repay – a creditworthy student would be sent to a bank. The Agencies were not able 

to verify these assertions, but note that the approximately 2,000 consumer Public 

Comments do not contain significant evidence that would give rise to a concern about 

institutional lending by non-profit private or public colleges and universities.

PSL LENDING AT FOR-PROFIT SCHOOLS HAS MOVED FROM BANK 

FUNDING TO SCHOOL FUNDING, AND SHOWS EVIDENCE OF RISK 

ASSOCIATED WITH THAT SHIFT.

Proprietary, or for-profit, college institutional loans deserve separate discussion. As 

shown in Table 6, in Part Two, students at for-profit schools add PSLs to their debt 

mix at roughly twice the rate of students in comparable non-profit programs. For 

example, in 2007-2008 46% of students at for-profit 4-year schools borrowed a PSL, 

compared to 25% of students at private non-profit 4-year schools. However, private 

student loan availability for proprietary school programs was significantly reduced (on 

a percentage basis) during and after the financial crisis of 2008, more significantly than 

other school types.62

Many lenders pulled back from the proprietary sector due to the perceived risk of 

making loans to students in these schools/programs.63 Indeed, empirical evidence 

from some lenders points to students at proprietary colleges having lower completion 

and graduation rates, as well as increased rates of default on private student loans (and 

federal student loans, too).64 When bank-funded private student loans became 

unavailable to students at for-profit schools, some proprietary programs began lending 

directly to their students in response. According to SEC filings for select publicly 

traded for-profit education providers, some of these schools have turned to third party 

administered private student loan programs.65 In some of these third party 

arrangements, the school provides credit enhancement to one or more lenders. In one 

instance, a school provides credit enhancement to a trust that purchases loans 

specifically for only this school. The school buys the subordinated bonds issued by the 
34 PRIVATE STUDENT LOANS

trust and, in addition, explicitly guarantees the principal obligations of the senior bonds 

of the trust.66 Public filings by these for-profit schools suggest they anticipate losses 

resulting from default rates on these quasi-institutional loans that are significantly 

higher than those experienced in bank or non-profit PSL programs. For example, 

Corinthian Colleges Inc. reported on its fourth quarter 2009 earnings call that it would 

have to discount its institutional loans by 55 percent.67
35 PRIVATE STUDENT LOANS

Part Two: Borrower 

Characteristics and 

Behaviors

PSL BORROWERS AND THEIR REPAYMENT 

BEHAVIORS

In response to Congress’ mandate in the Act, the Agencies compiled information on 

the characteristics of PSL borrowers and on the repayment behavior of former 

students who were PSL borrowers. Many of the findings below are in accord with 

what might be expected; in general, student borrowers are young and come from

families that are not wealthy.

Information on borrower characteristics comes from the 2008 and 2004 iterations of 

the National Postsecondary Student Aid Study (NPSAS:08 and NPSAS:04), a 

nationally representative survey of postsecondary students, including graduate and 

first-professional68 students, conducted approximately every four years. Information 

on repayment behavior and employment comes from the 2004/2009 Beginning

Postsecondary Students Longitudinal Study (BPS:04/09), a longitudinal survey that 

follows a subset of NPSAS respondents who began their postsecondary education 

during the 2003-2004 academic year. These datasets bring together detailed 

administrative and survey data in a longitudinal context. 
36 PRIVATE STUDENT LOANS

KEY FINDINGS ABOUT PSLS BORROWING IN THE 2007-2008 

ACADEMIC YEAR INCLUDE:

14%OF UNDERGRADUATES HAD PSLS, COMPARED TO 

ONLY 5% THAT HAD PSLS IN THE 2003-2004 ACADEMIC YEAR.69 

11%OF GRADUATE AND FIRST-PROFESSIONAL STUDENTS 

USE PSLS.

70

39%OF UNDERGRADUATE STUDENTS HAD A PRIVATE OR 

NON-PRIVATE STUDENT LOAN. 

OF UNDERGRADUATES WHO HAD EDUCATIONAL LOANS, 90%HAD A FEDERAL LOAN.71

MOST UNDERGRADUATE PSL BORROWERS ALSO APPLIED FOR FEDERAL FINANCIAL AID; 

12%DID NOT APPLY.72

AMONG DEPENDENT UNDERGRADUATES WHO HAD PSLS, 

PSL amounts were higher for individuals in higher family income quartiles. Individuals in the lowest 

quartile had average PSL loan amounts of $5,643 while individuals in the top quartile had average 

PSL loan amounts of $9,299.73

14% 5%

11%

2007-2008 2003-2004

2007-2008
37 PRIVATE STUDENT LOANS

PSL USAGE WAS MORE PREVALENT AMONG STUDENTS AT FOR-PROFIT SCHOOLS THAN 

AMONG THOSE WHO ATTENDED PUBLIC OR PRIVATE, NON-PROFIT SCHOOLS. 

AT TWO-YEAR SCHOOLS, 

42% of students attending for-profit 

institutions had PSLs, while 5% of students 

at public institutions had PSLs and at 

private, not-for-profit institutions, 18% of 

students had PSLs. At for-profit two-year 

institutions, 97% of students who had PSLs

also had federal loans.

AT FOUR YEAR SCHOOLS, 

46% of students at for-profit institutions 

had PSLs, compared to 14% of students at 

public institutions and 25% of students at 

private not-for-profit institutions. At forprofit four-year institutions, 96% of 

students with PSLs also had federal loans.74

$

42% 5% 18%

$

46% 14% 25%

For-Profit Public Private
38 PRIVATE STUDENT LOANS

KEY FINDINGS ABOUT THE 2009 REPAYMENT BEHAVIOR AND 

EMPLOYMENT STATUS OF PSL BORROWERS WHO ENTERED 

POSTSECONDARY EDUCATION IN 2003-2004 INCLUDE:

63%had total monthly student loan payments (for both private and non-private loans) that were 

5% or less of their monthly income and

80%have monthly student loan payments of 10% or less of their income. 

5%had monthly student loan payments of more than 25% their monthly income.75 That group 

increased to ten percent for graduates who attained a bachelor’s degree.

Among PSL borrowers who also had federal loans, a higher proportion of individuals who started their 

postsecondary education at 2-year for profit institutions (18%) defaulted on their PSLs than those who started at 

2-year public institutions (5%).76

THE UNEMPLOYMENT RATE AMONG PSL BORROWERS WAS 16%; FOR PSL BORROWERS 

WHO ATTAINED A BACHELOR DEGREE THE UNEMPLOYMENT RATE WAS 11%.

77

Mean incomes in 2009 did not differ significantly between PSL borrowers and individuals who were 

not PSL borrowers but who were part of the same student cohort. This held within levels of 

educational attainment, as well as by type of institution first attended.

PREVALENCE OF PSL BORROWING

Table 2 shows the share of undergraduates that used PSLs in the 2007-2008 academic 

year. It shows that 14% of undergraduates had for-profit private student loans and less 

than 1% had either institutional or state loans. The majority of students who borrow 

have federal loans:

78 of the 39% of undergraduates who had an educational loan in the 

2007-2008 academic year, 90% had a federal loan.79 Also, as shown in Table 6 below, 

exclusive use of PSLs as a source of borrowing is uncommon; 4% of undergraduates 

have PSL as their only form of borrowing in the 2007-2008 academic year. More 

students used a combination of federal and private loans: 11% of undergraduates used 

both PSLs and federal loans in the same academic year.
39 PRIVATE STUDENT LOANS

TABLE 2: PRIVATE LOAN USAGE BY UNDERGRADUATES, 2007-2008 ACADEMIC 

YEAR

Private Loans Institutional Loans State Loans

(%) (%) (%)

Total 14.2 0.5 0.4

(0.20) (0.09) (0.03)

Institution Type

Public 8.7 0.3 0.4

(0.17) (0.05) (0.03)

Private Not-for-Profit 24.3 1.1 0.7

(0.54) (0.16) (0.11)

Private For-Profit 42.5 1.2 0.1

(1.17) (0.76) (0.04)

Source: NPSAS 2008.

Standard errors in parentheses.

The names of the variables used in this table are: CONTROL, STLNAMT, PRIVLOAN and INLNAMT.

The weight variable used in this table is WTA000.

Consistent with the increase in PSL loan originations from 2005-2008 in the sample 

lender loan-level data, the share of undergraduates and graduate students who have 

PSLs is statistically significantly higher80 81 in the 2007-2008 academic year than in the 

2003-2004 academic year. Tables 2 and 4 show that 14% of undergraduates used PSLs 

in 2007-2008, compared to 5% in 2003-2004.82 For graduate students the percentages 

were 11% and 7%, respectively, as shown in Table 3. 83 In contrast, among first 

professional students, use of private student loans was significantly higher in 2003-

2004 than 2007-2008,84 which is consistent with the timing of the increase in federal 

loan limits for first-professional students to $20,500 as of July 1, 2007 in the Higher 

Education Reconciliation Act of 2005 (P.L. 109-171).
40 PRIVATE STUDENT LOANS

TABLE 3: GRADUATE STUDENT PARTICIPATION IN LOAN PRODUCT TYPES , 2007-2008 

ACADEMIC YEAR AND 2003-2004 ACADEMIC YEAR

2007-2008 Academic Year 2003-2004 Academic Year

Private 

Loans 

Only

(%)

NonPrivate 

Loans 

Only

(%)

Both NonPrivate and 

Private 

Loans

(%)

No 

Loans

(%)

Private 

Loans 

Only

(%)

NonPrivate 

Loans 

Only

(%)

Both 

NonPrivate 

and 

Private 

Loans

(%)

No Loans

(%)

Total 3.5 32.0 7.2 57.3 1.7 32.9 5.4 60.0

(0.29) (0.50) (0.49) (0.30) (0.18) (0.96) (0.46) (1.16)

Master's Degree 3.9 32.1 7.5 56.4 1.9 32.7 3.6 61.7

(0.42) (0.80) (0.77) (0.60) (0.25) (1.31) (0.47) (1.46)

Doctoral Degree 2.0 24.5 5.2 68.2 1.3 23.3 3.6 71.7

(0.41) (1.26) (1.36) (1.49) (0.28) (1.49) (0.49) (1.49)

First-Professional 

Degree

1.7 63.1 13.9 21.3 2.1 51.9 20.7 25.4

(0.41) (2.24) (0.91) (1.65) (0.45) (2.13) (2.10) (1.84)

Post-BA or PostMaster's Certificate

4.4 21.2 4.4 70.0 0.7 27.7 1.7 69.9

(1.34) (2.39) (1.14) (3.03) (0.50) (5.05) (0.66) (4.71)

Not in a Degree 

Program

4.0 13.2 1.8 81.0 1.1 25.4 1.6 72.0

(2.25) (2.12) (0.44) (3.27) (0.35) (4.05) (0.68) (4.18)

Source: NPSAS 2008 and NPSAS 2004. 

The names of the variables used in this table are: PRIVPACK and GRADDEG.

The weight variable used in this table is WTA000.

Standard errors in parentheses.
41 PRIVATE STUDENT LOANS

CHARACTERISTICS OF UNDERGRADUATE 

BORROWERS

This section describes the characteristics of undergraduate borrowers of PSLs and 

non-private student loans. When considering the results in this subsection it is 

important to note that these are “univariate” statistics; they do not take into account 

factors that may explain differences between groups, such as differences in average 

income between students whose parents have different educational attainment.

DEMOGRAPHIC CHARACTERISTICS

Table 4 shows undergraduate loan usage by demographic characteristics.

GENDER 

The proportion of men and women who have a combination of federal and private 

student loans is around 10%, and while there is a small but statistically significant 

higher proportion of women (11%) who have a combination of private and nonprivate loans than men (10%);85 this difference is not economically significant. There 

is no significant difference between the proportion of men and women who have only 

PSLs.86

AGE

PSL usage is highest amongst students aged 19-29. While estimates of exclusive PSL 

usage are below 5% for all age groups in 2007-2008, it is more prevalent among 

individuals in the 19 to 23 year old age range (colloquially referred to as traditional age 

college students) and those in the 24 to 29 year old age range.87 For these two groups, 

the percentage of students who use PSL exclusively is 4%. Similarly, usage of a 

combination of PSL and non-private loans is higher among students age 19 to 23 and 

age 24 to 29 versus students 18 or younger and students 40 and older, and the 

difference between the proportion of students who use a combination of PSLs and 

non-private loans in the 19 to 23 age range and the 24 to 29 age range is not 

statistically significant.88

RACE

In the 2007-2008 academic year, although the frequency of the exclusive use of private 

student loans does not vary by racial group, a higher percentage of African Americans 

(14%) use a combination of federal and private loans than all other racial groups.89 As 

a point of comparison, 11% of whites use a combination of PSLs and non-private 

loans as do 5% of Asians, the group with the lowest usage of a combination of PSL 

and non-private loans.90 This pattern did not hold in 2003-2004, when the proportion 

of white students with a combination of private and federal loans (4%) was statistically 

significantly higher than the proportion of African Americans (3%).91
42 PRIVATE STUDENT LOANS

FAMILY CHARACTERISTICS

Table 5 shows loan usage by family characteristics, including parental education, 

Census region of permanent residence, dependency status, and family income. 

DEPENDENCY STATUS

PSL usage is significantly lower among independent students than dependent students, 

although the differences may not be considered large in magnitude: 3% of independent 

students use PSLs exclusively versus 4% of dependent students,92 and 10% of 

independent students use a combination of PSL and non-private loans versus 11% of 

dependent students.93 When considering these results, one should keep in mind that 

this does not account for age, attendance intensity, or parental status.

REGION OF PERMANENT RESIDENCE

Private student loan usage varies by Census region of permanent residence: 20.2% of 

students whose permanent residence is in the Northeast utilize PSLs while 9.6% of 

students from the West have PSLs (the lowest proportion by region), and this 

difference is statistically significant.94

PARENTAL EDUCATION

Parental education may affect use of PSLs and other loan products for a variety of 

reasons, including parental awareness of federal aid programs from their own college 

experiences, higher willingness-to-pay for education, and higher incomes due to higher 

education which may lead to more available income and savings to finance education. 

Private student loan borrowing is less prevalent among students whose parents have a 

bachelor’s degree or post-graduate degree than other groups, and is less prevalent for 

students whose parents have post-graduate degrees than students whose parents have 

only bachelor’s degrees.95

With regards to the use of PSLs, Table 5 shows that there is no significant difference in 

exclusive PSL usage by parental educational attainment.96 The proportion of students 

who use a combination of PSL and non-private loans does not differ significantly for 

individuals whose parents’ highest level of educational attainment is high school or 

less, college attendance without attaining a degree, an associate’s degree, or vocational 

training.97 The proportion of students who have a combination of PSL and nonprivate loans whose parents have a bachelor’s degree is significantly lower than for 

students whose parents have a high school degree or less98 or an associate’s degree,99

and not significantly lower than for students whose parents attended college but who 

do not have a degree.100 The proportion of students who have private and non-private 

loans whose parents have post-graduate degree is lower than for all other groups.101

PARENTAL INCOME

The incidence of PSL borrowing, which is calculated by summing the column of 

students who only have private loans and the column of students who have both 

private and non-private loans, varies by parental income, and is highest in the middle 

two quartiles of the income distribution: 15% in the 2nd quartile and 16% in the 3rd
43 PRIVATE STUDENT LOANS

quartile, versus 14% in the lowest quartile and 11% in the top quartile.102 Figure 15

presents loan amounts by income quartile for students who have loans in the specified 

categories, restricted to borrowers who were dependents in the 2007-2008 academic 

year. In the figure, PLUS loans are considered federal loans. The results in Figure 15

demonstrate that loan amounts are higher in higher income quartiles for dependent 

students for both PSL and federal loans. When considering these results, it is 

important to take into account that subsidized Stafford loan limits decrease as family 

income increases, which may explain why the average subsidized Stafford loan amount 

does not increase across income quartiles.

SCHOOL AND PROGRAM CHARACTERISTICS

Table 6 shows use of particular loan types by school and program characteristics 

including type of institution attended, attendance intensity, and program type. 

TYPE OF INSTITUTION

Usage of PSLs is more prevalent for students at for-profit schools in the 2007-2008 

academic year than at non-profit schools with comparable program length, and this 

difference is statistically significant. At two year schools, 42% of students attending 

for-profit institutions have PSLs, compared to 5% at public institutions and 18% at 

private not-for-profit schools.103 Similarly, at four year schools, 46% of students at 

for-profit institutions have PSLs, while 14% of students at public institutions have 

PSLs and 25% of students at private not-for-profit schools have PSLs.104 Also, 34% of 

students enrolled in less-than-two-year for-profit institutions have PSLs, while 16% of 

students enrolled at private not-for-profit less-than-two-year institutions have PSLs.105

Note that the majority of students who have PSLs at for-profits also have federal 

loans: 97% of students at two-year for-profit institutions and 96% of students at fouryear for profits who have PSLs also have federal loans.106 As discussed above, forprofit PSL lenders severely curtailed lending to students at for-profit schools after 

2007-2008, when the last NPSAS study was conducted, which may affect usage 

reported in NPSAS:12

ATTENDANCE INTENSITY

Borrowing patterns also vary by attendance intensity. Students who are exclusively 

part time use PSLs at a lower rate than students who are exclusively full time: 19% 

versus 7%.107 Among student loan borrowers, the proportion with a PSL is 

approximately 37% for both groups.108 Some of the differences in the frequency of 

borrowing between the two groups could be affected by eligibility criteria for federal 

loan programs and underwriting and pricing practices for PSLs.

PROGRAM TYPE

Students’ use of PSLs differs by program type. Students in associate’s degree programs 

are less likely than bachelor’s degree candidates to have PSLs: 9% and 19%, 

respectively.109 Note that this includes both full-time and part-time students, and 

attendance intensity may vary by program length. Also, 21% of students in certificate 

programs use PSLs.110
44 PRIVATE STUDENT LOANS

TABLE 4: UNDERGRADUATE STUDENT PARTICIPATION IN LOAN PRODUCT TYPES , BY 

DEMOGRAPHIC CHARACTERISTICS (2007-2008 AND 2003-2004 ACADEMIC YEARS)

Academic Year 2007-2008 Academic Year 2003-2004

Private 

Loans 

Only

(%)

NonPrivate 

Loans 

Only

(%)

Both 

NonPrivate 

and 

Private 

Loans

(%)

No 

Loans

(%)

Private 

Loans 

Only

(%)

NonPrivate 

Loans 

Only

(%)

Both 

NonPrivate 

and 

Private 

Loans

(%)

No 

Loans

(%)

All Students 3.6 24.5 10.6 61.3 1.1 29.1 3.9 65.9

(0.09) (0.19) (0.16) (0.24) (0.18) (0.04) (0.17) (0.14)

Gender Male 3.7 21.8 9.5 65.0 1.2 27.3 4.1 67.4

(0.17) (0.33) (0.20) (0.45) (0.08) (0.38) (0.25) (0.50)

Female 3.5 26.6 11.4 58.5 1.0 30.4 3.7 64.8

(0.10) (0.27) (0.25) (0.26) (0.05) (0.26) (0.12) (0.25)

Age (As of 12/31)

18 or Younger 2.3 27.8 9.2 60.7 0.8 30.7 5.3 63.2

(0.20) (0.66) (0.42) (0.8) (0.10) (0.77) (0.30) (0.93)

19-23 4.1 25.1 11.4 59.4 1.4 31.7 5.1 61.9

(0.11) (0.28) (0.20) (0.32) (0.07) (0.36) (0.17) (0.41)

24-29 4.1 25.8 11.7 58.4 1.0 32.8 3.0 63.2

(0.29) (0.52) (0.43) (0.61) (0.10) (0.71) (0.22) (0.70)

30-39 2.8 24.7 10.1 62.4 0.7 25.3 2.3 71.7

(0.22) (0.60) (0.47) (0.78) (0.10) (0.62) (0.24) (0.58)

40 or Older 2.4 16.4 7.0 74.2 0.7 16.6 1.0 81.7

(0.18) (0.68) (0.47) (0.83) (0.09) (0.65) (0.16) (0.65)

Race

White 3.7 24.2 10.7 61.5 1.1 28.9 4.2 65.8

(0.10) (0.42) (0.24) (0.54) (0.05) (0.51) (0.17) (0.60)

Black or African 

American

3.3 32.4 14.0 50.4 0.9 37.8 3.2 58.1

(0.23) (0.74) (0.56) (1.05) (0.10) (1.57) (0.25) (1.65)

Hispanic or Latino 3.7 21.2 9.5 65.6 1.1 24.9 3.5 70.5

(0.22) (0.83) (0.43) (1.09) (0.13) (0.84) (0.37) (0.91)

Asian 3.0 17.3 5.3 74.4 1.3 20.0 2.8 75.9

(0.38) (0.80) (0.34) (0.89) (0.20) (0.92) (0.29) (0.98)

Other 3.1 25.6 9.6 61.7 1.2 27.5 4.0 67.3

(0.40) (1.13) (0.61) (1.21) (0.22) (1.09) (0.38) (1.12)

Source: NPSAS 2008 and NPSAS 2004.

The names of the variables used in this table are: PRIVPACK, GENDER, RACE and AGE.

The weight variable used in this table is WTA000.

Standard errors in parentheses.
45 PRIVATE STUDENT LOANS

TABLE 5: UNDERGRADUATE STUDENT PARTICIPATION IN LOAN PRODUCT TYPES , BY FAMILY 

CHARACTERISTICS (2007-2008 AND 2003-2004 ACADEMIC YEARS)

2007-2008 Academic Year 2003-2004 Academic Year

Private 

Loans 

Only

(%)

NonPrivate 

Loans 

Only

(%)

Both 

NonPrivate 

and 

Private 

Loans

(%)

No 

Loans

(%)

Private 

Loans 

Only

(%)

NonPrivate 

Loans 

Only

(%)

Both 

NonPrivate 

and 

Private 

Loans

(%)

No 

Loans

(%)

All Students

3.6 24.5 10.6 61.3 1.1 29.1 3.9 65.9

(0.09) (0.19) (0.16) (0.24) (0.18) (0.04) (0.17) (0.14)

Dependency Status

Dependent 3.8 25.5 11.2 59.4 1.3 31.9 5.5 61.4

(0.11) (0.27) (0.19) (0.33) (0.07) (0.41) (0.17) (0.49)

Independent 3.3 23.4 9.9 63.4 0.9 26.2 2.3 70.6

(0.14) (0.30) (0.27) (0.35) (0.05) (0.37) (0.15) (0.33)

Parental Education

High School 

or Less

3.4 25.4 11.4 59.8 0.9 30.6 3.5 64.9

(0.13) (0.30) (0.28) (0.37) (0.07) (0.43) (0.20) (0.41)

College, no 

Degree

3.8 25.8 10.8 59.6 1.1 30.0 4.3 64.6

(0.27) (0.61) (0.39) (0.78) (0.14) (0.54) (0.27) (0.59)

Associate’s 

Degree/ 

Vocational 

Training

3.7 25.5 11.8 59.1 1.2 28.4 4.4 66.1

(0.27) (0.51) (0.38) (0.69) (0.13) (0.68) (0.29) (0.74)

Bachelor's 

Degree

3.7 23.8 10.2 62.4 1.1 27.9 4.2 66.8

(0.14) (0.41) (0.29) (0.47) (0.10) (0.44) (0.22) (0.50)

PostGraduate 

Degree

3.5 22.0 8.5 66.0 1.2 27.0 3.9 67.9

(0.2) (0.39) (0.24) (0.47) (0.11) (0.53) (0.25) (0.67)

Census Region of Permanent Residence

Northeast 4.3 27.8 15.9 52.1 1.4 35.6 6.5 56.4

(0.21) (0.90) (0.66) (1.39) (0.14) (2.36) (0.57) (2.74)

Midwest 3.6 29.9 12.7 53.7 1.1 32.6 4.7 61.6

(0.17) (0.51) (0.53) (0.75) (0.10) (1.42) (0.29) (1.6)

South 3.5 25.4 9.9 61.2 0.9 30.9 3.3 64.9

(0.15) (0.52) (0.37) (0.77) (0.08) (1.04) (0.24) (1.09)

West 2.7 18.1 6.9 72.3 0.8 21.9 2.7 74.5

(0.16) (0.52) (0.34) (0.62) (0.09) (1.03) (0.25) (1.07)

Other 7.0 7.8 3.6 81.6 2.8 8.7 0.7 87.8

(0.84) (0.96) (0.62) (1.53) (0.50) (2.40) (0.28) (2.47)
46 PRIVATE STUDENT LOANS

Income Quartile

First Quartile 3.4 29.8 10.5 56.3 0.9 33.4 3.7 62.0

(0.2) (0.52) (0.3) (0.58) (0.08) (0.48) (0.23) (0.47)

Second 

Quartile

3.8 27.4 12.1 56.7 1.1 35.0 4.3 59.6

(0.17) (0.37) (0.39) (0.54) (0.09) (0.57) (0.21) (0.55)

Third 

Quartile

3.9 24.2 11.5 60.4 1.2 29.0 4.4 65.4

(0.17) (0.39) (0.34) (0.56) (0.09) (0.52) (0.24) (0.65)

Fourth 

Quartile

3.1 16.5 8.2 72.1 1.1 18.4 3.1 77.4

(0.14) (0.54) (0.25) (0.57) (0.09) (0.55) (0.16) (0.63)

Source: NPSAS 2008 and NPSAS 2004.

Standard errors in parentheses.

The names of the variables used in this table are: PRIVPACK, PAREDUC, PCTALL, DEPEND and STUSTATE.

The weight variable used in this table is WTA000.

FIGURE 15: AVERAGE 2007-2008 ACADEMIC YEAR LOAN AMOUNTS BY 

INCOME QUARTILE, INDIVIDUALS WHO REPORT POSITIVE LOAN 

AMOUNTS

Source: NPSAS 2008

The names of the variables used in this chart are: STAFSUB, STAFFAMT, PRIVLOAN, 

TFEDLN2, PCTDEP, TOTLOAN2 and STAFUNSB.

Note that federal loans includes PLUS loans.
47 PRIVATE STUDENT LOANS

TABLE 6: UNDERGRADUATE STUDENT PARTICIPATION IN LOAN PRODUCT TYPES, 

BY INSTITUTION AND PROGRAM CHARACTERISTICS (2007-2008 AND 2003-2004 

ACADEMIC YEARS)

2007-2008 Academic Year 2003-2004 Academic Year

Private 

Loans 

Only

(%)

NonPrivate 

Loans 

Only

(%)

Both 

NonPrivate 

and 

Private 

Loans

(%)

No 

Loans

(%)

Private 

Loans 

Only

(%)

NonPrivate 

Loans 

Only

(%)

Both 

NonPrivate 

and 

Private 

Loans

(%)

No 

Loans

(%)

All Students 3.6 24.5 10.6 61.3 1.1 29.1 3.9 65.9

(0.09) (0.19) (0.16) (0.24) 3.57 0.27 4.13 0.57

Institution Sector

Public Less-Than2-Year 3.2 11.0 3.9 81.9 1.1 7.5 0.7 90.6

(0.95) (0.88) (0.92) (1.03) (0.47) (1.93) (0.32) (2.27)

Public 2-Year 2.9 9.6 1.9 85.6 0.8 9.1 0.7 89.4

(0.16) (0.15) (0.09) (0.28) (0.07) (0.12) (0.05) (0.15)

Public 4-Year 4.3 33.0 9.6 53.0 1.3 40.8 3.8 54.1

(0.14) (0.26) (0.21) (0.26) (0.09) (0.29) (0.17) (0.30)

Private Not-forProfit, Less-Than2-Year5.4 20.4 10.5 63.7

(1.14) (12.7) (5.96) (19.2)

Private Not-forProfit, 2-Year2.7 32.1 15.0 50.3

(0.77) (7.07) (3.50) (9.33)

Private Not-forProfit Less than 4-

Year

1.3 33.7 4.2 60.9

(0.44) (3.30) (1.05) (3.48)

Private Not-forProfit 4-Year3.9 34.9 20.6 40.6 1.5 45.3 9.8 43.4

(0.28) (0.50) (0.47) (0.53) (0.13) (0.56) (0.55) (0.63)

Private for-profit 

Less-than-2-Year

10.1 43.5 24.2 22.2 1.4 61.6 7.8 29.2

(0.73) (1.09) (1.18) (0.88) (0.13) (1.88) (0.36) (1.98)

Private for-Profit 2 

Years or More

1.0 66.4 13.1 19.5

(0.19) (1.99) (1.82) (0.98)

Private for-Profit 2-

Year

1.2 54.9 40.6 3.3

(0.32) (3.19) (2.91) (0.62)

Private for-Profit 4-

Year

1.7 49.0 44.7 4.6

(0.22) (2.02) (1.96) (0.44)
48 PRIVATE STUDENT LOANS

Attendance Intensity

Exclusively FullTime 3.8 32.9 15.2 48.0 1.2 39.6 6.0 53.1

(0.13) (0.34) (0.26) (0.34) (0.07) (0.39) (0.25) (0.45)

Exclusively PartTime 3.2 11.6 3.7 81.4 0.7 13.4 0.9 85.0

(0.14) (0.50) (0.28) (0.73) (0.07) (0.36) (0.07) (0.37)

Mixed Full-Time 

and Part-Time

3.5 27.8 12.0 56.7 1.3 31.4 4.0 63.2

(0.16) (0.48) (0.36) (0.52) (0.12) (0.74) (0.22) (0.76)

Program Type

Certificate 5.3 24.8 15.5 54.3 1.1 34.3 3.9 60.6

(0.45) (1.29) (1.04) (1.63) (0.18) (1.55) (0.25) (1.59)

Associate's Degree 2.9 15.3 6.1 75.6 0.8 15.8 2.1 81.3

(0.17) (0.34) (0.20) (0.39) (0.08) (0.55) (0.24) (0.55)

Bachelor's Degree 4.0 34.8 14.8 46.4 1.3 43.4 6.0 49.2

(0.11) (0.28) (0.23) (0.29) (0.07) (0.36) (0.19) (0.39)

Not in a Degree 

Program 

2.6 6.2 2.0 89.2 0.8 7.7 0.9 90.7

(0.29) (0.62) (0.44) (0.95) (0.16) (0.52) (0.16) (0.61)

Source: NPSAS 2008 and NPSAS 2004.

The names of the variables used in this table are: PRIVPACK, UGDEG, SECTOR1 and ATTNPTRN. 

The weight variable used in this table is WTA000. 

Standard errors in parentheses.
49 PRIVATE STUDENT LOANS

TABLE 7: AVERAGE LOAN AMOUNTS BY SCHOOL TYPE, UNDERGRADUATES 

WITH POSITIVE LOAN AMOUNTS, 2007-2008 ACADEMIC YEAR

Private Loans 

Only Private and Non-Private Loans

Non-Private 

Loans Only

Institution Sector

Total Loans

($)

Total 

Loans

($)

Private 

Loans

($)

Federal 

Loans

($)

Total Loans

($)

Public 4-Year 7,563 11,441 5,674 5,595 6,706

(186.0) (118.8) (92.7) (71.0) (75.4)

Private Not-for-Profit 

4-Year 11,737 $15,553 8,771 6,641 8,160

(697.0) (231.4) (177.2) (120.9) (181.6)

Private for-Profit 4-

Year 7,878 $12,282 6,249 5,923 6,477

(927.0) (322.3) (269.3) (166.6) (345.7)

Public 2-Year $3,662 $7,732 3,884 3,831 4,093

(130.2) (224.3) (118.3) (139.7) (162.8)

Private Not-for-Profit 

2-Year $6288 $12,094 6,613 5,069 6,314

(736.1) (1002.2) (693.7) (268.4) (342.4)

Private for-Profit 2-

Year $6,784 $11,734 6,016 5,708 6,210

(573.7) (636.5) (446.0) (240.2) (309.3)

Private Not-for-Profit, 

Less-Than-2-year

‡ $11,683 6,717 4,966 5,712

‡ (1664.1) (1024.7) (755.4) (1112.4)

Public Less-than-2-Year 4,594 $9,134 4,050 5,059 4,915

(660.9) (580.0) (320.6) (417.9) (296.5)

Private for-Profit LessThan-2-Year 5,287 10,148 4,687 5,446 5,789

(299.0) (239.0) (198.4) (156.5) (209.1)

Source: NPSAS:08. Undergraduates.

‡ Unstable estimate, output suppressed.

Standard errors in parentheses.

Sample restricted to undergraduates with positive loan amounts for either private or non-private loans.

The names of the variables used in this table are: PRIVPACK, PRIVLOAN, TFEDLN2, TOTLOAN2 and SECTOR1.

The weight variable used in this table is WTA000.
50 PRIVATE STUDENT LOANS

LOAN AMOUNTS

Table 7 reports mean loan amounts by institution type for borrowers who only have 

PSLs, borrowers with a combination of PSL and non-PSL loans (federal, state, and 

institutional loans), and borrowers with federal loans only. Unsurprisingly, for 

students who have any educational loans, total loan amounts are largest for those who 

have a combination of PSL and non-PSL loans, across all institutional sectors. For 

example, among students who attend public 4-year institutions, the amount borrowed 

is $7,563 for students who only have PSLs, $6,706 for students with only non-private 

loans, and $11,441 for students with a combination of PSL and non-PSL. Also, the 

mean total loan amount for borrowers with a combination of PSL and non-PSL is 

significantly larger for students who attend private 4-year non-profit schools ($15,553) 

than it is for students who attend 4-year public schools ($11,441).111

For students who attend two-year schools, total loan amounts are larger for those who 

attend private (either not-for-profit or for-profit) schools than for those who attend 

public schools. This holds across all borrower categories: individuals with private 

loans only (differences of $2,627112 and $3,122113 respectively), individuals with a 

combination of private and non-private loans (differences of $1,027114 and $675115, 

respectively), and individuals with non-private loans only (differences of $2,222116 and 

$2,117117 respectively). 

USE OF OTHER FORMS OF FINANCIAL AID

As discussed earlier, educational borrowing is only one source of funding for school, 

and it is important to understand it in the context of other sources of student funding.

PSL borrowers make use of other forms of student aid, such as federal and private 

grants, work study, and academic, athletic or need-based scholarships.118

GRANTS AND WORK STUDY

Table 8 presents the percentage of students who have grant or work study awards by 

the type of educational loans that they have, and average amounts of these forms of 

aid for those who report a positive amount. Although a higher proportion of students 

with non-private loans have grants compared to students who have a combination of 

private and non-private loans,119 there is no statistical difference between the mean 

grant amounts for these groups.120 Also, the proportion of students with a 

combination of PSLs and federal loans who participate in work study is not statistically 

different from the proportion of students with federal loans only who participate in 

work study.121

STAFFORD LOAN EXHAUSTION

As shown in Table 9, most PSL borrowers apply for student aid; only 12.2% do not. 

Also, 10.9% of PSL borrowers apply for aid but do not take up Stafford loans. Put 

another way, of undergraduates who apply for federal aid and take up PSLs, 12.4% do 

not have Stafford loans.122 Many PSL borrowers do not exhaust their federal loan 
51 PRIVATE STUDENT LOANS

limits: approximately 54.5% of all PSL borrowers either do not borrow their individual 

Stafford loan maximum, or do not apply for federal aid at all.

123 As discussed above,

with few exceptions, this is rarely an economically beneficial choice.

TABLE 8: NON-LOAN FINANCIAL AID BY LOAN TYPE, 2007-2008 ACADEMIC 

YEAR

Grants Work Study

Loan Type

Percentage

(%)

Average 

Amount if 

Positive

($)

Percentage

(%)

Average 

Amount if 

Positive

($)

Private Loans Only 35.4 4,241 4.3 2,381

(1.64) (169.8) (0.45) (167.3)

Non-Private Loans Only 74.0 5,799 13.0 2,233

(0.68) (64.4) (0.30) (34.7)

Both Non-Private and 

Private Loans

68.7 5,847 14.1 2,053

(0.78) (138.2) (0.58) (45.6)

No Loans Received 40.8 3,931 4.2 2,818

(1.59) (85.0) (0.25) (62.1)

Source: NPSAS:08.

Standard errors in parentheses. 

The names of the variables used in this table are: PRIVPACK, TOTGRT and TOTWKST.

The weight variable used in this table is WTA000.
52 PRIVATE STUDENT LOANS

TABLE 9: AMONG STUDENTS WHO BORROWED PSLS, THE AMOUNT OF PRIVATE 

LOANS AND STAFFORD SUBSIDIZED/UNSUBSIDIZED LOANS BORROWED BY

STAFFORD LOAN USE STATUS

Percent

(%)

Average Private

Loan Amount

($)

Average Stafford

Loan Amount

($)

Total 100.0 6,533

(88)

15,081

(31)

Did not Apply for Aid 12.2

(0.53)

7,582

(210) †

Applied for Federal Aid 

but Did Not Receive a 

Stafford Loan

10.9

(0.66)

6,591

(356) †

Received Stafford Loan

Received Less than 

the Maximum 

Amount

31.4

(0.61)

6,065

(151)

3,918

(53)

Received the 

Maximum Amount

45.5

(0.63)

6,920

(127)

5,857

(42)

Source: NPSAS:08.

Standard errors are in parentheses.

† Not applicable.

The names of the variables used in this table are: STAFCT3, STAFFAMT, PRIVPACK, and PRIVLOAN. 

The weight variable used in this table is WTA000.
53 PRIVATE STUDENT LOANS

REPAYMENT BEHAVIOR AND EMPLOYMENT

The analysis of repayment behavior and employment makes use of the BPS:04/09

(Beginning Postsecondary Students study), and examines the 2009 repayment behavior 

of the cohort of students who began their post-secondary education in the 2003-2004 

academic year. This timing means that the analysis considers individuals who, at the 

time of the 2009 survey, were recently out of school: for example, a member of this 

cohort who completed a bachelor’s degree in 4 years would have graduated in 2007, 

and would be only two years into his or her career at the time of the 2009 wave of the 

survey. Since all borrowers are responsible for repaying their federal and non-federal

educational loans regardless of whether they graduate, this analysis also includes 

borrowers who left school without a degree as well as those who were still enrolled

when the 2009 survey was conducted. 

MONTHLY STUDENT LOAN PAYMENTS

In this discussion of loan repayment, it is important to note that borrowers report their 

current payment in BPS:04/09, and this does not account for adjustments to original 

payment obligations such as income-based repayment, PSL deferral, or loan 

consolidation. Although repayment amount includes both PSL and non-PSL loan 

amounts, the analysis is restricted to individuals who report having a private student 

loan. 

STUDENT LOAN PAYMENTS AS A FRACTION OF MONTHLY INCOME

Table 10 shows total student loan payments as a percentage of 2009 monthly income 

by cumulative educational attainment, and includes students who were still actively 

enrolled in school at the time of the survey. The majority of students who have PSLs 

(63%) have monthly student loan payments that are 5% or less of their income, and 

80% have monthly loan payments that are 10% or less of their income, as shown in the 

first two columns of Table 10. On the other end of the spectrum, 5% of PSL 

borrowers have monthly student loan payments that are greater than 25% of their 

monthly income, as shown in the last column. Among those with PSLs, 62% of 

bachelor’s degree recipients have monthly payments that are 10% or less of their 

income and 10% have monthly payments greater than 25% of their monthly income. 

Note that by function of program length, bachelor’s degree recipients may have 

completed their degrees more recently than individuals who attained other degrees or 

certificates. Individuals who did not attain a degree or certificate and had PSLs also 

report having student loan payments in 2009; 88% had monthly payments of 10% or 

less of their income. 
54 PRIVATE STUDENT LOANS

TABLE 10: MONTHLY STUDENT LOAN PAYMENTS IN 2009 AS A PERCENTAGE OF INCOME, 

PRIVATE STUDENT LOAN BORROWERS WHO BEGAN POSTSECONDARY 

EDUCATION IN 2003-2004

Monthly Student Loan Payment as a Percentage of Income

0 % to 

5% 

6% to 

10%

11 to 

15%

16% to 

20% 

21% to 

25% 

More 

than 

25%

Totala 63.5 16.0 8.1 4.9 2.4 5.0

(1.86) (1.37) (0.89) (0.62) (0.49) (0.78)

Attained Bachelor's Degree 43.3 18.8 14.8 8.7 4.3 10.0

(2.11) (1.57) (1.57) (1.07) (0.87) (1.93)

Attained Associate's Degree 72.3 14.5 4.6 3.5 0.6 4.4 

(5.18) (3.63) (1.90) (1.68) (0.58) (1.79)

Attained Certificate 80.1 12.1 2.7 3.5 0.4 1.3 

(3.06) (2.4) (1.07) (1.45) (0.38) (1.00)

No Degree, Left Without Return 72.7 15.4 5.1 2.6 2.0 2.2

(3.16) (2.66) (1.63) (0.93) (0.77) (0.84)

Source: BPS:04/09, restricted to individuals who had a private student loan.

Standard errors in parentheses.

a

Total includes respondents who are still enrolled, which are not included in a separate row in the table.

Student loan payments include both private and federal loans.

The names of the variables used in this table are: PROUT6, EDPCT09 and LNTY09B.

The weight variable used in this table is WTB000.
55 PRIVATE STUDENT LOANS

NOMINAL MONTHLY STUDENT LOAN PAYMENTS

Since income may vary between borrowers and is only reported for individuals who 

were employed, monthly student loan payments are also presented in nominal dollars. 

Table 11 considers nominal monthly student loan payments by the sector and level of 

institution at which a PSL borrower began his or her postsecondary education in the 

2003-2004 academic year, and includes individuals who did not complete their degrees. 

There is a larger percentage of individuals with monthly payments of at least $225 

among PSL borrowers who started their undergraduate careers at public and not-forprofit 4-year institutions than among those who did not.124 There is no statistically 

significant difference amongst individuals with payments of at least $225 between the 

group that attended 4-year not-for-profit private schools and 4-year public schools.125

Borrowers with monthly payments of $225 or more per month also vary by 

educational attainment: 57% of individuals who attained a bachelor’s degree have 

monthly payment in excess of $225, while 34% of individuals who ever had a PSL 

(including those with bachelor’s degree) have student loan payments in excess of $225 

per month (results not shown in table).126 Recall that this includes repayment amounts 

for both federal and private debt, and that federal borrowing limits increase with the 

number of years of school attended up to a lifetime cap, so students at four-year 

schools may have been eligible for more federal debt than students at 2-year or less 

institutions.
56 PRIVATE STUDENT LOANS

TABLE 11: MONTHLY STUDENT LOAN PAYMENTS IN 2009 BY FIRST TYPE OF 

POSTSECONDARY INSTITUTIONS, UNDERGRADUATES MATRICULATING IN 2003-2004 

(INCLUDES NON-COMPLETERS)

Monthly student loan repayments 2009

$1-69 $70-119

$120-

224

$225 or 

more

Total 20.5 20.4 25.3 33.7

(1.60) (1.47) (1.76) (1.40)

Public 4-Year 14.9 13.7 26.2 45.2

(2.31) (1.99) (2.65) (2.73)

Private Not-for-Profit 4-Year 10.5 13.0 25.5 51.1

(1.90) (1.83) (2.92) (2.74)

Private For-Profit 4-Year 20.5 15.4 43.7 20.4 

(8.71) (6.67) (11.60) (8.54)

Public 2-Year 20.7 24.5 22.9 31.8

(2.99) (3.59) (3.00) (3.60)

Private Not-for-Profit 2-Year 18.5 31.6 38.8 11.0 

(12.4) (15.3) (16.5) (10.4)

Private for-Profit 2-Year 35 28.7 22.8 13.5

(10.1) (6.77) (6.72) (4.18)

Private for-Profit, Less Than 2-Year 39.6 36.5 14.4 9.6

(2.87) (3.13) (1.68) (2.47)

Source: BPS:04/09, restricted to private student loan borrowers.

Standard errors in parentheses.

The names of the variables used in this table are: LNTY09B, PROUT6, RPYAMT09, FSECTOR and LNTY09B. 

The weight variable used in this table is WTB000.

FEDERAL LOAN REPAYMENT OF PSL BORROWERS WHO BEGAN 

POST-SECONDARY EDUCATION AT 2-YEAR OR LESS INSTITUTIONS

NCES longitudinal studies do not provide data on PSL repayment, but we do have 

information on federal loan repayment for PSL borrowers. Since bachelor’s degree 

graduates in this cohort who graduated on-time would have graduated in 2007, 

sufficient time probably had not elapsed as of the 2009 survey for that survey to be 

able to accurately report the default rate on federal loans for this group. Therefore, 

Table 12 presents repayment status on federal loans for PSL borrowers by the type of 

institution where they started their post-secondary education, restricted to individuals 

who began their education at 2-year or less-than-2-year schools. This does not include 

all PSL borrowers, since only individuals who also have federal student loans are 

included. Among PSL borrowers who also had federal loans, a higher proportion of 

individuals who started their postsecondary education at 2 year for-profit institutions 
57 PRIVATE STUDENT LOANS

are in default on their federal loans than those started at 2 year public institutions: 18% 

and 5%, respectively.127

TABLE 12: FEDERAL STUDENT LOAN REPAYMENT AMONG PSL BORROWERS, 2009, 

TWO OR LESS YEAR INSTITUTIONS

Federal Student Loan Repayment Status in 2009

Type of Institution First 

Attended

Loans Paid 

in Full or 

Cancelled

(%)

In 

Repayment

(%)

Deferred/ 

Forbearance

(%)

In 

Default

(%)

Not in Repayment

(%)

Public 2-Year 7.2 44.6 15.7 4.5 28.0

(1.59) (2.79) (2.49) (0.96) (2.91)

Private Not-For-Profit 2-

year 10.1 69.0 7.4 4.1 9.4

(8.34) (11.70) (6.75) (6.05) (7.18)

Private For-Profit, 2-year 9.6 60.8 10.5 18.4 0.8 

(2.97) (5.7) (3.14) (4.60) (0.48)

Private For-Profit, Less 

Than 2-Year 16.6 42.6 18.2 18.5 4.0

(2.09) (4.39) (3.45) (2.66) (1.13)

Source: BPS:04/09, restricted to individuals who had both private and federal loans.

Standard errors in parentheses. 

The names of the variables used in this table are: PROUT6, LOANST09, FSECTOR and LNTY09B.

The weight variable used in this table is WTB000.
58 PRIVATE STUDENT LOANS

EMPLOYMENT AND EARNINGS

Table 13 presents employment rates at the time of the 2009 follow-up survey for 

individuals in the 2003 student cohort who ever had a PSL. Unemployment rates were 

calculated by dividing the percentage of individuals in a group who were not employed 

but were looking for employment by the percentage of people who were either 

employed or not employed but looking, which results in a calculated unemployment 

rate of 16.4% for the BPS:04/09 cohort. Note that 6% of the sample is not employed 

and not looking for employment, and the proportion of individuals out of the labor 

force varies by educational attainment: the proportion of individuals who left 

postsecondary education without a degree who are out of the labor force is higher than 

the proportion of bachelor’s degree128 or associate’s degree129 recipients who are out of 

the labor force. Also, the proportion of PSL borrowers employed is significantly 

higher for those who attained bachelor’s130 and associate’s degrees131 than for those 

whose highest level of attainment was a certificate or no degree, but there is no 

statistical difference between the proportion of individuals with bachelor’s degrees or 

associate’s degrees who are employed.132 Table 14 presents mean incomes for 

individuals who report positive income in the 2009 survey by attainment and by 

institution type first attended. It includes income data both for individuals who used 

PSLs and for individuals who did not use PSLs. Mean incomes do not differ 

significantly between PSL borrowers and non-PSL borrowers for any of these 

categories. 
59 PRIVATE STUDENT LOANS

TABLE 13: EMPLOYMENT FOR PSL BORROWERS IN 2009 , INDIVIDUALS WHO ENTERED 

POSTSECONDARY EDUCATION IN 2003-2004

Employed

(%)

Not Employed, 

Looking for 

Employment

(%)

Not Employed 

and Not 

Currently 

Looking for 

Employment

(%)

Calculated 

Unemployment 

Rateb

Totala 78.73 15.48 5.79 16.4%

(1.32) (1.19) (0.91)

Cumulative Persistence and Attainment 

Attained Bachelor's Degree 88.18 10.31 1.51 10.5%

(1.47) (1.33) (0.43)

Attained Associate's Degree 85.74 12.06 2.20 12.3%

(4.46) (4.07) (1.20)

Attained Certificate 73.74 18.67 7.60 20.2%

(3.64) (3.18) (2.04)

No Degree, Left Without 

Return

73.03 17.89 9.08 19.7%

(2.41) (2.04) (1.81)

Source: BPS:04/09. Restricted to PSL borrowers.

Standard errors in parentheses.

a Includes individuals who are currently enrolled.

b Percent not employed but currently looking divided by sum of percent employed and percent not employed 

and currently looking. 

The names of the variables used in this table are: LNTY09B, PROUT6, and JOBSTB09.

The weight variable used in this table is WTB000.
60 PRIVATE STUDENT LOANS

TABLE 14: 2009 INCOME BY PSL STATUS, INDIVIDUALS WHO ENTERED POSTSECONDARY 

EDUCATION IN 2003-2004

Income in Dollars

Individuals 

with No Private 

Student Loans

($)

Private Student

Loan Borrowers

($)

Total 31,114 31,855

(625.1) (694.4)

Panel A: Income by Cumulative Persistence and Attainment

Attained Bachelor's Degree 34,953 35,588

(628.3) (1000.4)

Attained Associate's Degree 34,920 33,680

(2273.7) (2264.6)

Attained Certificate 29,508 27,248

(3563.4) (1227.8)

No Degree, Still Enrolled 25,525 ‡

(1691.8) ‡

No Degree, Left Without Return 27,462 29,876

(728.6) (1064.1)

Panel B: Income by Institution Type First Attended

Public 4-Year 33,549 32,393

(632.6) (1070)

Private Not-for-Profit 4-Year 32,237 34,740

(793.6) (1519.1)

Private for-Profit 4-Year 25,146 33,554

(3365.3) (3817.4)

Public 2-Year 31,008 31,834

(1643.8) (1329.2)

Private Not-for-Profit 2-Year 31,765 40,466

(4303.6) (8041.9)

Private for-Profit 2-Year 27,093 27,690

(2532.1) (2181.2)

Public Less-than-2-Year 29,244 ‡

(3261.1) ‡

Private Not-for-Profit, Less Than -2-Year ‡ ‡

‡ ‡

Private For-Profit, Less Than -2-Year 24,768 25,582

(860.4) (1637.3)
61 PRIVATE STUDENT LOANS

Standard errors in parentheses.

Source: BPS:04/09, restricted to individuals who report non-zero income.

‡ Unstable estimate, output suppressed.

The names of the variables used in this table are: PROUT6, INCRES09, FSECTOR and LNTY09B.

The weight variable used in this table is WTB000.

SAMPLE LENDER PORTFOLIO DATA SHOWS THAT MANY RECENT 

GRADUATES HAVE DIFFICULTY MAKING PSL PAYMENTS. 

The NCES data described above shows the broad context of PSL borrowers who 

graduated in 2007 and 2008, at the beginning of the recent recession. In broad strokes, 

most had manageable debt loads from both federal loans and PSLs, both in terms of 

nominal dollar amount and in terms of percentage of income. At the margin, however, 

are graduates like those with recent bachelor’s degrees, ten percent of whom have debt 

service payments in excess of 25% of their income. Because federal loans can be 

reduced to well below that level under income-based repayment, these borrowers in 

the NCES data may illustrate the hardship of the PSL repayment difficulties described 

below.

As set forth in Figure 16, the cohorts of PSL borrowers who took out PSLs in 2005 

through 2009 have experienced significant cumulative default rates. 

 
62 PRIVATE STUDENT LOANS

FIGURE 16: (BASED ON $’S) GROSS CUMULATIVE DEFAULT CURVES BY 

ORIGINATION VINTAGE (2005-2009) BY YEARS OF SEASONING 

(SAMPLE LENDER PORTFOLIO)

Figure 16, above, shows data from the Sample Lender Portfolio data set. More than 

10% of borrowers who took out a PSL in 2005 (and separated in 2006 through 2009) 

had defaulted by 2011 (6 years after origination). Similar difficulties with repayment 

can be found with loans that are now owned in SLABS trusts. Moody’s and DBRS 

track PSL default rates by vintage of the trust formation. That dating is roughly 

equivalent to the year a loan was made. Thus, the following figure approximates 

default rates for borrowers who took out loans in the 2005 - 2007 period. 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0%

Year	1 Year	2 Year	3 Year	4 Year	5 Year	6 Year	7

Percentage	of	Dollars	of	Loans	Defaulted

Gross	Cumulative	Defaulted	Loan	Balances	by	Origination	Vintage

(by	Years	of	Seasoning)

2005 2006 2007 2008 2009
63 PRIVATE STUDENT LOANS

FIGURE 17: DBRS ABS LIFETIME GROSS CUMULATIVE LOSSES

Default rates spiked significantly following the financial crisis of 2008 as the 

subsequent recession exposed the weakened underwriting standards that were fueled 

by the capital markets during the securitization and lending boom.133 Default rates 

have since stabilized significantly, but are expected to remain high.134 Please note that 

the cumulative default experience in the DBRS data exceeds the default experience 

shown in the data from the lenders in our sample lender data. As our sample lenders 

are largely composed of banks and depositories, it is likely that a mix of retained credit 

risk, tighter prudential regulation, and survivor bias contribute to the differing loan loss 

experience between our sample and the larger market, particularly with regard to the 

2005 – 2007 period.

It is not clear that all of the dust from the PSL origination boom has settled. Of the 

$140 billion Sample Lender Portfolio, only $97 billion is in repayment and current. 

Over $30 billion is deferred or in forbearance.135 More recent graduates may be unable 

to keep up with PSL payments. Table 15, below, shows the status of the Sample 

Lender Portfolio at the end of 2011. Please note that the percentage of loans in 

deferral has substantially declined since 2008 as a result of the concurrent decline in 

originations. When fewer new (deferred) loans are originated, the percentage of the 

total loan population in deferral will necessarily decrease over time. 

 
64 PRIVATE STUDENT LOANS

TABLE 15: $’S OF LOANS OUTSTANDING AS OF EACH CALENDAR YEAR

END SHOWN BY CATEGORY (INCLUDING DEFERRED LOANS) (SAMPLE 

LENDER PORTFOLIO)

Source: Sample Lender portfolio data

A pattern of difficulty in making payments is summarized in the default data in the 

Sample Lender Portfolio data, as set forth in Table 16, below:

TABLE 16: DEFAULTED LOANS ($’S) BY EACH CALENDAR YEAR SHOWN 

(ALL VINTAGES REPORTED 1999 – 2011)f

Source: Sample Lender portfolio data

The cumulative defaults are over $8.1 billion, representing approximately 850,000 

distinct loans at an average amount of $9,700 in the Sample Lender Portfolio. The 

consolidated, de-identified dataset does not permit us to discern how many loans 

involve the same borrower. However, while serial borrowing may reduce the number 

of affected individuals, the incidence of co-signers for these loans will increase the 

number of affected consumers.

The scope of repayment difficulty varies greatly across lender types. Some 

securitized trusts heavily loaded with direct to consumer loans have default rates 

expected to reach 50%.136 In contrast, some depository institution lenders who never 

made loans for sale have annual default rates that stayed below 4% in the worst of the 

 f

Due to the methodology of de-identifying lender data, we cannot compute defaults as a 

percentage of originations in any given year.

Total

Outstanding Current 30	dpd 60	dpd 90	dpd 120	dpd Forbearance Deferment Bankruptcy

2005 $																				55,893.5 $																		24,359.0 $																								785.7 $																					314.9 $																					196.6 $																					241.9 $																				4,215.8 $																		25,538.4 $																					241.2

2006 																						77,089.0 																				33,922.1 																						1,261.4 																							541.6 																							384.0 																							542.1 																						5,922.3 																				34,360.6 																							154.9

2007 																				101,071.6 																				44,327.5 																						1,432.5 																							726.8 																							501.2 																							765.3 																				10,001.8 																				43,063.0 																							253.4

2008 																				123,811.0 																				60,529.1 																						2,459.7 																				1,180.7 																							858.3 																				1,445.9 																						5,333.8 																				51,651.1 																							352.5

2009 																				132,961.3 																				72,399.0 																						2,920.9 																				1,586.4 																				1,394.4 																				2,978.0 																						3,833.5 																				46,999.0 																							850.1

2010 																				136,656.3 																				85,432.7 																						3,132.1 																				1,585.9 																				1,357.6 																				3,058.8 																						3,126.2 																				37,731.0 																				1,231.8

2011 																				140,244.3 																				97,426.9 																						3,378.3 																				1,732.7 																				1,441.9 																				2,884.7 																						3,376.0 																				28,524.0 																				1,479.8

Current 30	dpd 60	dpd 90	dpd 120	dpd Forbearance Deferment Bankruptcy

2005 43.6% 1.4% 0.6% 0.4% 0.4% 7.5% 45.7% 0.4%

2006 44.0% 1.6% 0.7% 0.5% 0.7% 7.7% 44.6% 0.2%

2007 43.9% 1.4% 0.7% 0.5% 0.8% 9.9% 42.6% 0.3%

2008 48.9% 2.0% 1.0% 0.7% 1.2% 4.3% 41.7% 0.3%

2009 54.5% 2.2% 1.2% 1.0% 2.2% 2.9% 35.3% 0.6%

2010 62.5% 2.3% 1.2% 1.0% 2.2% 2.3% 27.6% 0.9%

2011 69.5% 2.4% 1.2% 1.0% 2.1% 2.4% 20.3% 1.1%

Note:	percentages	may	not	equal	100%	due	to	rounding

Loans	Outstanding	by	Status	as	of	Calendar	Year	End	(Includes	Deferred	Loans)

Percentage	of	Loans	by	Status	as	of	Calendar	Year	End	(Including	Deferred	Loans)

Dollars	in	Millions

Prior	to	2005 2005 2006 2007 2008 2009 To	Date

														2,407.7 														1,351.9 														1,525.2 														1,602.7 																	1,123.3 																					128.1 														8,138.9

Cumulative	Lifetime	Defaulted	Loans	as	of	Q4	2011	by	Origination	Vintage	($	MM's)
65 PRIVATE STUDENT LOANS

downturn. It would be incorrect to paint all lenders with the same brush when 

evaluating repayment risk.

To summarize, the combination of looser credit standards, over-borrowing and the 

recent recession caused a significant number of PSL borrowers to have difficulty with 

repayment. We are unable to determine precisely how many, but the number is 

significant.

BORROWERS HAVING DIFFICULTY WITH REPAYMENT HAVE FEW 

OPTIONS TO CHANGE THEIR BEHAVIOR.

Financial institution lenders have reported efforts to mitigate repayment difficulties 

that varied over the last five years.137 The student loan programs offered in the federal 

Direct Loan program and the former FFEL program offer deferment or forbearance 

of repayment, income-based and income-contingent repayment plans, public service 

debt forgiveness and methods to cure default, such as rehabilitation and 

consolidation.138 In contrast, income-based or income-contingent repayment has 

never been a feature of private loans and is not now contemplated. 

Prior to the financial crisis of 2008, many lenders allowed twelve months of payment 

forbearance in the case of economic or medical hardship.

139 With the bankruptcy of 

the largest guarantor of PSLs and the close scrutiny of balance sheets that came with 

the financial crisis,140 the incidence of PSL forbearance dropped substantially: at the 

end of calendar year 2007, 17.1% of loans outstanding were in forbearance while at the 

end of calendar year 2011 3.0% of loans were in forbearance. Table 17 shows the 

rapid drop in percentage of loans in forbearance in the Sample Lender Portfolio:

TABLE 17: LOANS IN FORBEARANCE AS A % OF TOTAL LOANS IN 

REPAYMENT (SAMPLE LENDER PORTFOLIO)

Source: Sample Lender portfolio data

The FFEL-style year of forbearance that was available until 2008-2009 has been 

replaced by a policy of short-term forbearances that must be supported by evidence of 

future ability to make payments and continued willingness to pay. Short-term 

forbearances may not be tacked together, but must be separated by periods of timely 

payments.141 A significant exception to this rule applies to loans securitized under the 

old TERI-guaranteed servicing guidelines.142 The Sample Lenders are constrained by 

Current 30	dpd 60	dpd 90	dpd 120	dpd Forb BK

2005 79.3% 2.6% 1.0% 0.6% 0.8% 13.7% 0.8%

2006 78.8% 2.9% 1.3% 0.9% 1.3% 13.7% 0.4%

2007 76.0% 2.5% 1.2% 0.9% 1.3% 17.1% 0.4%

2008 83.5% 3.4% 1.6% 1.2% 2.0% 7.4% 0.5%

2009 83.8% 3.4% 1.8% 1.6% 3.4% 4.4% 1.0%

2010 86.0% 3.2% 1.6% 1.4% 3.1% 3.1% 1.2%

2011 87.0% 3.0% 1.5% 1.3% 2.6% 3.0% 1.3%

Note:	percentages	may	not	equal	100%	due	to	rounding

%	Of	Total	Loans	Outstanding	by	Status	as	of	CY	end	(EXCLUDING	Deferred	Loans)
66 PRIVATE STUDENT LOANS

certain of their prudential regulators from treating loans in extended forbearance as 

performing assets.143 Sample Lenders, following prudential guidance, have all 

implemented a second grace period immediately after the initial six-month postgraduation grace. The second grace period is made available based on established 

contact with the borrower and evidence of future willingness and ability to begin full 

payments.144

Lenders in our sample do not currently offer loan modification programs, such as an 

income-based payment reduction that is based on a debt modification.145 Once a loan 

goes into default, neither securitization administrators nor Sample Portfolio lenders 

have programs in place to cure the default if the borrower becomes employed. Some 

Sample Lenders expressed a desire to create rehabilitation programs that would satisfy 

accounting rules and prudential regulators.

To summarize, for the relatively high number of PSL borrowers currently having 

difficulty with repayment, it is hard to avoid default and equally hard to escape it, as 

compared to options available to federal loan borrowers.
67 PRIVATE STUDENT LOANS

Part Three: Consumer 

Protection

This section discusses three issues in consumer protection for PSL users:

• The scope of federal consumer financial laws146 applicable to PSLs.

• The need to limit direct-to-consumer lending to control excess borrowing and 

lending.

• Data and arguments relevant to the current legislative debate concerning 

consumer protections under the Bankruptcy Code for PSL borrowers.

PSLS ARE SUBJECT TO A VARIETY OF FEDERAL CONSUMER FINANCIAL 

LAWS, AND RECENT CHANGES TO THOSE LAWS HAVE 

SUBSTANTIALLY CHANGED CONSUMER PROTECTION.

PSL borrowers have significant protections under the Truth-in-Lending Act (TILA),147

the Equal Credit Opportunity Act (ECOA),148 the Fair Credit Reporting Act 

(FCRA),149 the Fair Debt Collection Practices Act (FDCPA),150 the Federal Trade 

Commission Act (FTCA),151 and the Consumer Financial Protection Act.152

The most significant recent change in protection of PSL borrowers occurred under 

TILA. Prior to February of 2010, TILA required disclosure only at one specific time 

for PSL borrowers, delivered prior to legal “consummation.”153 Additionally, before 

February 2010, TILA did not apply to loans greater than $25,000, which would have 

exempted some of the largest PSLs. Under the terms of many PSL contracts, 

“consummation” did not occur until the time of disbursement of loan funds, meaning 

that students learned of their loan terms shortly before arriving at school. As of 2010, 

regulations issued under amendments to sections 128 and 140 of TILA require 
68 PRIVATE STUDENT LOANS

significant disclosures at three stages of the process (a) when applications begin (b) 

when the lender first approves the loan, and (c) at disbursement.154 A PSL borrower 

receives a thirty-day firm offer from the lender at loan approval. This change permits 

borrowers to shop among prices specific to that borrower, without time pressure to 

accept the first offer. After selecting a particular loan, a PSL borrower also receives a 

disclosure at disbursement that includes a three-day right of rescission.

155

The new TILA disclosures for PSLs are unique to that product. No other installment 

loan is subject to quite so much disclosure. The disclosures must include information 

as to the rates available on federal loans and whether those rates are fixed or variable. 

Finally, each borrower must receive, sign and return a “self-certification” form that 

highlights the availability of federal aid and contains a template for computing 

borrowing need, the latter to limit over-borrowing.156

The new TILA procedures have only been in effect for two financial aid cycles. For 

most undergraduates, it will take up to four cycles before there will be a complete 

picture of the choices they have made to finance their education and the ability to 

assess the impact of the new disclosures on their shopping choices. The Agencies

relied on 2008 NPSAS data to determine exhaustion of Stafford loans before using 

PSLs, and new 2012 NPSAS data should be available in 2013. That data should help 

assess the effectiveness of the new disclosure in the self-certification form and the loan 

cost disclosures.

Existing PSL issues under the ECOA are discussed in greater detail later in this Report.

The FDCPA applies primarily after loans are transferred to a third-party collector after 

default. The FDCPA has not been revised for many years and only recently became 

the subject of general rulemaking authority by a federal agency.157 Consumer 

protection concerns relating to the collection of PSLs are part of a larger issue 

involving debt collection practices generally and are beyond the scope of this 

Report.

158

FCRA and TILA have both undergone recent revisions that have changed protections 

for PSL borrowers. With respect to FCRA, section 1100F of Dodd-Frank required 

creditors to increase their disclosure of credit scores to those consumers who pay 

materially higher prices under a risk-based pricing system. Many PSL borrowers 

dealing with financial institutions fall into that category.

THE FINANCIAL AID PROCESS CREATES INFORMATION GAPS NOT 

ADDRESSED BY TILA.

Most of the existing federal consumer financial laws that address PSLs do so, at the 

earliest, at the point when a borrower sets out to shop for and apply for a particular 

loan with a particular lender. However, by that time, students have often already made 

a series of decisions regarding school without critical information that is not supplied 

until they apply for a loan. College acceptance decisions and related financial aid 

awards (including FAFSA determinations) are frequently communicated in the spring. 

Subsequent to that, enrollment decisions are made, deposits are submitted, and 

numerous other steps are taken toward a new academic year. For an entering student, a 
69 PRIVATE STUDENT LOANS

PSL search might take place in July or August, even though the need to use a PSL is 

effectively locked in by June 1. Thus, existing federal consumer financial laws may not 

address students’ need for information about PSLs at the optimal time. 

Students and their families would be better served by having access to all pertinent 

financial information concerning the college decision prior to deciding which college to 

enroll at and how much debt to incur. Provisions of the HEOA require the Secretary 

of Education to publish a model financial aid award letter, to improve the quality of

information provided to students. The Bureau assisted the Secretary by soliciting 

comments from students and families on a draft “financial aid shopping sheet” that 

sought to clarify key elements of the financial aid decision well before PSL decisions 

are made.

Given the timing and information gap, generally by the time of the PSL application the 

student already will have made a decision that carries with it necessary implications as 

to how much debt to incur, and only after approval of a loan does the student have 

information (such as interest rate and monthly payment projections) that is necessary 

to determine whether debt will be manageable and whether the decision to enroll at a 

particular college was the best financial decision. To the extent that schools decide 

that recent “preferred lender list” regulations are too burdensome and decline to 

provide PSL information with financial aid awards, this timing problem may be 

exacerbated.

SCHOOL CERTIFICATION REDUCES THE RISK OF PSL OVERBORROWING.

Using the Sample Lender loan level data, the Agencies tested the level of overborrowing (borrowing in excess of the EFC) by analyzing the relationship between 

school certification status and PSL amounts as a percentage of the tuition and fee 

component of the cost of the education for each individual borrower. Tuition and fees 

admittedly increased during the sample period, but Figure 7 and Figure 7A take that 

increase into account, because the ratios are computed using actual tuition and fees for 

each year. Figure 7A illustrates the high levels of borrowing that are associated with 

DTC loans, as compared to school certified loans. During the period when DTC 

lending grew the most, DTC PSL loan amounts reached 151% of tuition. Notably, 

Figure 7A shows only the amount of private borrowing as a percentage of tuition and 

fees. It is likely that the median borrower took on federal student loans in addition to 

the PSL amounts that we analyzed. The high level of DTC loan amounts as a multiple 

of core education costs suggests that a significant portion of the incremental 

borrowing relative to tuition and fees represents over-borrowing above and beyond 

financial need.

Over-borrowing increases the likelihood of default, to the detriment of both borrower 

and lender.159 As of 2011, lenders appear to have at least temporarily learned this 

lesson, returning to certification of over 95% of undergraduate loans, and lending less 

than 90% of tuition and fees on the few loans that are not school certified.160 But 

lenders’ appetite for risk tends to ebb and flow – hence the concept of a credit cycle –

and there is no assurance that, as memory of the financial crisis fades, lenders will stick 
70 PRIVATE STUDENT LOANS

to requiring certification. Public commenters from all constituencies, including 

lenders, suggested that school certification should be mandatory.

PUBLIC COMMENTS FROM CONSUMERS ARE CONSISTENT WITH 

EMPIRICAL DATA ABOUT CONSUMER RISKS.

Almost 2000 individual borrowers and other consumers responded to a public notice 

published on November 17, 2011 seeking information to inform the preparation of 

this Report. While respondents are not a representative sample of the entire 

population of borrowers of private student loans, the responses illuminate some risks 

to consumers in the marketplace, particularly for borrowers who are struggling 

financially. Respondents expressed a mix of confusion, regret, and despondence about 

their current circumstances.

A critical theme was the inability to recognize the crucial differences between federal 

and private student loans. Some respondents discussed how they thought, or were 

told, that their private student loans would have the same features (e.g., deferment) as a 

federal student loan. Others pointed to the belief that they would not qualify for 

federal student loans and thought that a private student loan was an economic 

substitute. Some respondents remarked that private student loans were 'packaged' with 

federal student loans in their financial aid offer, potentially contributing to the 

economic substitute assumption.

Another theme that emerged was the challenge students experienced in gathering 

reliable information. Many respondents discussed how they were dependent on the 

school's financial aid office for information on student loans. Unfortunately, some 

respondents believed that the quality of information they received was inadequate. 

Whether or not this is true, it appears that schools, like brokers in other financial 

product markets, play a major role in the borrower’s decision-making process. 

Finally, many respondents discussed challenging repayment experiences with the 

servicer of their private student loan. As with other product markets, respondents 

described how they were unable to decipher why payment amounts would change and 

were unable to negotiate alternate payment plans in times of hardship. Others 

described lost payments and troubling debt collection experiences.

The Agencies did not seek to verify these comments or assess whether they reveal 

violations of law. Nor can these comments be assumed to be representative of the 

experience of PSL borrowers. What is clear, however, is that the complaints 

themselves evidence opportunities to improve customer satisfaction and reduce 

consumer harm among some borrower segments.

PRIVATE STUDENT LOAN DEBT RECEIVES VERY DIFFERENT 

TREATMENT IN BANKRUPTCY PROCEEDINGS COMPARED TO OTHER 

CONSUMER LOANS.

Many private student loan borrowers entering the labor market in the wake of 

the recent recession have faced significant challenges, and many have defaulted on 

their PSLs. Bankruptcy discharge may be an essential protection against consumer 
71 PRIVATE STUDENT LOANS

injury that might otherwise result when a consumer lacks the income or other means 

to manage debt. However, that benefit generally does not apply to student loans.161

These loans are virtually immune from discharge in bankruptcy.

Special bankruptcy treatment for some PSLs dates back more than 20 years. The 

preferential treatment for PSL obligations was originally limited to private student 

loans made by non-profit entities, such as schools. Beginning in 1985,162 any loan 

guaranteed by a non-profit private guaranty agency was excluded from discharge in 

bankruptcy. This provision benefitted guarantees issued by nonprofits that were 

specially created to support PSLs.163 Prior to 2005, many financial institutions used this 

provision to render their loans immune to bankruptcy discharge by purchasing a loan 

guaranty from a nonprofit, while others originated PSLs that were exposed to 

bankruptcy discharge.164 

In 2005 the bankruptcy code was amended so that all loans made for a qualified 

education expense became exempt from discharge in bankruptcy absent “undue 

hardship” to the debtor and his/her dependents.165 There is a heavy burden to prove 

“undue hardship.”166 This burden is mitigated for federal student loan borrowers 

through various income-based repayment, forbearance, and deferral options authorized 

under Title IV that provide some alternative to bankruptcy relief. As discussed above, 

there are few similar repayment options for private student loans.

In contrast to student loans, the vast majority of consumer loans and other consumer 

credit products are dischargeable in bankruptcy. This includes secured loans like 

mortgages and auto loans, which are subject to repossession or foreclosure of the 

financed asset and completely unsecured loans like credit cards and so-called 

“signature loans.” The realm of non-dischargeable debts is limited, and includes child 

support payments, alimony, debts related to tax liens, claims arising out of wrongful 

conduct (like a judgment against a drunk driver), and both federal and private student 

loans. With the exception of private student loans, these debts have one of two 

primary characteristics, either they are owed to the public or the creditor lacks 

discretion over entering into the debtor-creditor relationship (or both). Federal 

student loans are owed to the government, and excluding them from bankruptcy 

discharge could be a method of defending the federal fiscal interest. The same 

rationale applies to tax liens. Child support payments are both an involuntary 

relationship for the children and a means of a protecting the public fiscal interest 

because the State is generally responsible for children who lack financial support. 

Likewise, the victim of a drunk driver has no choice with regard to the debtor-creditor 

relationship. 

There is little in the Congressional record surrounding the 2005 changes to the 

Bankruptcy Act regarding the rationale for treating private student loans similarly to 

federal student loans and differently from general consumer loans. Given this lack of 

explicit legislative intent, the Agencies attempted to determine whether an economic 

rationale for non-dischargeability of private student loans might be suggested by the 

available data. The remainder of this Part examines data on bankruptcy, credit 

availability, and loan pricing. 
72 PRIVATE STUDENT LOANS

DESPITE THE CHALLENGE OF DISCHARGING PSLS IN BANKRUPTCY, 

MORE STUDENTS ARE TURNING TO BANKRUPTCY FOR PROTECTION.

In light of the $8.1 billion of Sample Lender Portfolio loans in default, it is clear that 

there are a significant number of borrowers who are currently unable to repay PSLs 

and have limited repayment or bankruptcy discharge options.167 For these borrowers, 

the PSL obligation will remain with them indefinitely. Those who continue to be 

unable to make payments face the potential of an ongoing negative credit history 

which can, in turn, impede their ability to obtain employment, rent an apartment, 

purchase insurance, and, of course, access mortgage financing and other credit. 

Some borrowers have elected to file for bankruptcy, even though they cannot 

discharge their student loan debt in the process. Table 18 shows the growth of loan 

volume in bankruptcy status for the Sample Lender Portfolio:

TABLE 18: $ VALUE OF PSLS IN A BANKRUPTCY STATUS AS OF THE END 

OF EACH CALENDAR YEAR FOR ALL REPORTED VINTAGES (1999-2011), 

GROSS DOLLARS AND PERCENTAGE OF OUTSTANDING 

BALANCE(SAMPLE LENDER PORTFOLIO) 168

Source: Sample Lender portfolio data

Over 1% of the total Sample Lender portfolio was in bankruptcy at the end of 2011. 

We attempted to measure the trend in use of bankruptcy. Because the Sample Lender 

data does not connect originations to portfolio performance, we cannot test 

bankruptcy as a percent of origination cohorts. However, a comparison of the number 

of dollars defaulting in each calendar year to the number of dollars in bankruptcy each 

calendar year is possible. The change in that ratio is an indicator of how many 

distressed borrowers have used bankruptcy even though it provides incomplete relief. 

Table 19 shows the ratio of annual dollars in default to annual dollars in bankruptcy. 

2005 2006 2007 2008 2009 2010 2011

						241.2 						154.9 									253.4 									352.5 									850.1 					1,231.8 					1,479.8

Total	$	of	Loans	in	Bankruptcy	Status	as	of	CY	End	(All	vintages)

2005 2006 2007 2008 2009 2010 2011

0.8% 0.4% 0.4% 0.5% 1.0% 1.2% 1.3%

Loans	in	Bankruptcy	Status	as	of	CY	End	as	a	%	of	Total	Outstandings
73 PRIVATE STUDENT LOANS

TABLE 19: $ VALUE OF PSLS IN A BANKRUPTCY STATUS AS OF THE END 

OF EACH CALENDAR YEAR FOR ALL REPORTED VINTAGES (1999-2011), 

AS A PERCENTAGE OF DEFAULTED LOANS (SAMPLE LENDER 

PORTFOLIO)

Source: Sample Lender portfolio data

Our review of quarterly Sample Lender Portfolio data explains the spike in 2005-2006 

filings. It reflects bankruptcy cases filed just before changes to the law went into 

effect.

169 Since then, use of bankruptcy declined initially but re-emerged significantly in 

2010-2011, again despite the lack of discharge for student debt. 

One hypothesis to explain this activity is that borrowers are using a Chapter 13 plan to 

reduce their current payments and eliminate current collection activity. As the 

recession and slow recovery produced sustained higher unemployment rates for recent 

graduates, more distressed borrowers chose the Chapter 13 option. However, a 

Chapter 13 filing only provides temporary payment relief. At the end of a Chapter 13 

plan the PSL lender’s rights are unchanged, and any accumulated, unpaid interest is 

added to the outstanding principal. An alternative hypothesis is that other, 

dischargeable debts or other circumstances (e.g. medical conditions) caused these 

student borrowers to seek bankruptcy protection. The Agencies do not have data to 

determine which hypothesis is more likely to be correct.

Current data is not sufficient to support a complete analysis of the current disparity in 

bankruptcy treatment between PSLs and other consumer loans.

After observing the frequent use of incomplete bankruptcy protection, the Agencies

sought to determine whether the market benefits of the 2005 changes to the

bankruptcy standard outweighed the harm to defaulted borrowers. We looked first for 

reduction in price or increased access for the less creditworthy as evidence that the 

market reacted to the 2005 change in the law in a way that would benefit consumers 

generally. The data we have does not show that changes to the bankruptcy standard in 

2005 directly led to lower prices or wider access to credit. 

The analysis did not detect any general downward movement of price immediately 

after the change to the law. Indeed, for loans governed by the 1-month LIBOR index 

the mean margin increased by 80 bps during 2005-2006.

170 This change may have 

reflected higher prices due to weaker credits, or other factors that outweighed the 

positive credit effect of the law change. The data does not allow us to distinguish 

between causes. In addition, any decrease or change in general pricing might be 

masked by the pre-2005 availability of bankruptcy protection that was “purchased” 

2005 2006 2007 2008 2009 2010 2011

174.0% 89.0% 51.6% 44.6% 39.9% 53.9% 69.0%

Balance	of	Loans	in	Bankruptcy	as	a	percentage	of	Defaulted	Loans	(Incidence)

Calendar	Year	End
74 PRIVATE STUDENT LOANS

from a nonprofit guarantor.171 More importantly, any pricing effect of a change in 

bankruptcy protection might also be masked by the rapid growth of low cost capital 

from securitization in 2005-2006.

A similar uncertainty plagues any test of improved access to credit by the less 

creditworthy that might have been caused by the 2005 change. One contemporary 

analyst found negligible reductions in mean credit scores between 2004 and 2007 

vintage securitizations, arguing from that data that the 2005 change did not improve 

access to credit.172 If mean credit scores had declined, that would be evidence that 

credit was more accessible to the less creditworthy. The Sample Lender loan level 

data, however, do show a measurable decrease in mean credit scores during the period 

from 2005-2007, which would suggest increased access to credit.173 As with price 

changes, however, it is impossible to distinguish between the effect of the bankruptcy 

law change and the broader effect of capital markets demand for PSL assets when 

determining the cause for lower mean credit scores.

Another approach to determining the market benefits from the special bankruptcy 

treatment of PSLs is to project the increased lender costs from higher frequency and 

severity of net defaults, absent the special rule. Given how recently the change was 

made, losses of bank lenders before and after the change could help measure the 

benefit of the rule. In addition, collection data for non-profit guarantors whose loans 

have been exempt from bankruptcy since 1985 would further refine that estimate.174

A third party analyst recently attempted to quantify the cost of a bankruptcy law 

change, analyzing the Sallie Mae portfolio of non-cosigned loans (those most likely to 

use a new bankruptcy relief). The analysis concluded that bankruptcy losses on a large 

existing loan portfolio would increase from 3.6% to 4.3% of loan balances, based on 

comparing pre- and post-2005 performance. The analyst estimated that this increase in 

bankruptcy filing rates, plus changes in the recovery rates, would increase charge-offs 

by $75 million and decrease recoveries by $78 million on a total base of $10.8 billion in 

non-cosigned loans in repayment.175 The analysis also concluded “though credit 

negative, we think the approximately $150 million increase in net charge-offs is 

manageable relative to the company’s 2011 core earnings pre-tax income of $1,491 

million,” with even smaller effects on other large bank lenders where PSLs represent a 

smaller share of their overall business mix.176 The analysis concluded that allowing 

private student loans to be discharged in bankruptcy could reduce future origination 

volume and lead lenders to adjust their pricing to account for the greater risk.177 Some 

of the cost might be absorbed by lenders, given competition, but the rather thin 

market of PSL providers that exists today makes that less likely.

It is important to note that the foregoing analysis was limited to non-cosigned loans.

It assumed that creditworthy co-signers would not have a need for bankruptcy relief. 

However, there may be a percentage of co-signed loans that belong in bankruptcy, 

because of labor market issues for both the primary borrower and the co-signer and 

because of limitations on loan underwriters’ ability to judge the overall educational 

indebtedness of students and their parents. In other words, some co-signers may be 

overloaded with education debt and others may have become long-term unemployed.
75 PRIVATE STUDENT LOANS

The Agencies are unable to predict precisely the outcome of an analysis of the costs 

and benefits of a bankruptcy law change. Such an analysis would compare that cost 

with the harm to those suffering from defaulted PSLs today who cannot escape the 

impact of the loans they cannot repay.

The Agencies also examined the discussion surrounding the moral hazard dimension 

that is a component of bankruptcy policy. The initial decision to make federal student 

loans virtually immune to bankruptcy discharge was based, in part, upon the perceived 

moral hazard inherent in encouraging a student to use credit to purchase a valuable 

intellectual asset which cannot be repossessed. Supporters of special bankruptcy 

protection claimed that students could discharge the financial obligation through 

bankruptcy after graduation, while reaping the financial benefits of the intellectual asset 

for a lifetime.178 Proponents of the amendments to exempt federal loans from 

discharge stated that to remove them would mean that the Bankruptcy Code would 

then be “almost specifically designed to encourage fraud.”

179 They also stated that 

there was a basis for separating educational loans from other types of debt because 

“the lack of collateral necessary for the educational loan is an indicator that educational 

loans do differ substantially from other forms of debt [and that] these bankruptcies 

could easily destroy the federal student loan programs, a harm that would be at least as 

great as the fraud-type problem.”180 Congress, through the GAO, has researched the 

impact of bankruptcy on the federal student loan program. In 1976, a GAO study was 

commissioned to test the need for the law change. The study did not report a large 

number of student loan bankruptcies.181 In 1997, a review by the Congressionallymandated National Bankruptcy Review Commission of 1997 did not find any 

systematic abuse of the bankruptcy system for student loan discharge.182 In reviewing 

a 1991 GAO study, the National Bankruptcy Review Commission found that “only a 

fraction of 1% of all matured student loans were discharged in bankruptcy and that 

bankruptcy filings constituted only three to four percent of student-loan losses, a rate 

that compared favorably to the consumer credit industry overall.”

183 These findings 

from the last century may not, however, reflect current economic conditions. The 

elevated level of private student loans currently in bankruptcy (1.3% of outstandings in 

the Sample Lender portfolio data) and the continuing aftereffects of the financial crisis 

and subsequent recession may represent a hitherto unknown potential impact of 

bankruptcy discharge on the student loan market. These macroeconomic effects, 

however, may not be permanent and thus may not significantly change the moral 

calculus of a future student considering the use of PSLs over an entire educational 

career. 

The potential for moral hazard is different, however, for co-signed loans, which now 

make up more than 90% of PSLs made to finance undergraduate education. In 

contrast to the pre-credit student, the co-signer asks the lender to extend credit based 

on the proven income, assets, employment, and payment history of the co-signer. Both 

lender and co-signer expect that the co-signer can service the debt. That is the 

purpose of a creditworthy co-signer. In this context, the argument for nondischargeability as a control for moral hazard is unclear. The creditworthy co-signer 

has a lot to lose. Indeed, there is an argument that a co-signer is positioned like any 

other consumer borrower. The lender and borrower reasonably calculate that the 
76 PRIVATE STUDENT LOANS

borrower can repay the loan. If they miscalculate, both lose, and a bankruptcy 

discharge may be the ultimate (and appropriate) result. Finally, the co-signer who is a 

parent may provide a control on the theoretical moral hazard affecting the student, to 

the extent that parents have influence over financial behaviors of their children.

Thus, the theoretical moral hazard risks related to lending to a pre-creditworthy 

student and a creditworthy co-signer are very different, so a policy choice is further 

complicated when considering a loan to a combination of the two.184

The analysis of moral hazard around private student loan bankruptcy is complicated by 

procedural alterations to bankruptcy law made by Congress in 2005. These changes 

included adding a means test for individuals who attempt to obtain relief under 

Chapter 7.185 Individuals whose income exceeds standardized expense amounts 

(based on surveys compiled by the Internal Revenue Service) cannot pursue relief 

under Chapter 7, and must proceed instead under Chapter 13. Arguably, a student 

intent on “strategic default” could attempt to take advantage of his or her Chapter 7 

eligibility during a period of low income following graduation, but such a filing could 

be dismissed if it is considered by the court to be in “bad faith”186 (as with any 

consumer debt under the new procedures). To obtain a full discharge in Chapter 13, 

the individual must successfully complete an approved 3 to 5-year repayment plan.187 

An excusable failure to make all payments can result in a more limited discharge.188 A 

plan can be approved only if the individual commits to use all his or her "disposable 

income" - income net of those IRS-standardized expense amounts - to make the 

payments proposed under the plan.189 These limits sharply restrict the discretion of 

the bankruptcy court to address individual circumstances. Lawyers for bankruptcy 

filers must now certify that they have determined, based on reasonable investigation, 

that debtor claims are legitimate, and can now face liability for costs and civil penalties 

for submissions based on false information.190 The increased risk has resulted in an 

increase in the attorney fees charged to bankruptcy filers and more generally in a 

considerable increase in the documentation required to support an application.g Thus, 

there is an argument that 2005 procedural changes affecting all consumer debts 

provide adequate controls for moral hazard and special treatment for PSLs is 

unnecessary. Additionally, these procedural changes may shift many potential Chapter 

7 filers into Chapter 13, where creditors would have three to five years capture 

increases in income produced by higher education. 

The 2005 general procedural changes also suggest that Congress might explore the

type of relief that might be afforded to those currently in distress with PSLs. If 

Congress should find that the 2005 change did not provide the expected market 

benefits, there may be a range of legislative improvements available, other than 

complete and immediate discharge in bankruptcy. The historical changes in treatment 

of student loans under the Bankruptcy Code provide examples. When limitations on 

bankruptcy protection from federal student loans were first adopted in 1976, Congress 

 g Lois	Lupica,	American	Bankruptcy	Institute	National	Conference	of	Bankruptcy	Judges.	The	

Consumer	Bankruptcy	Fee	Study	Final	Report.	December	2011.	Available	at:	

http://bapcpastudy.files.wordpress.com/2011/12/cfsfinalreport_final_dec7.pdf
77 PRIVATE STUDENT LOANS

still allowed those students who tried to repay for a period of time (5-7 years) to obtain 

a discharge.191 The same rules applied to non-profit lenders (schools) who had special 

bankruptcy treatment at that time. It was only in 1998 that the rule against discharge 

became virtually absolute.192

Drawing on this history, Congress might permit discharge of private loans after a 

period of time in repayment. Similarly, Congress could allow a bankruptcy filing after 

less than 5 years of repayment, but require the use of a Chapter 13 "wage earner" 

proceeding for 3-5 years to obtain a discharge of a private student loan. This 

procedure would allow the capture of the student borrower’s increased earnings 

potential over a period of years before granting a discharge. Only where the 

educational investment truly produced insufficient returns to repay that investment 

would such a plan grant a discharge after less-than-full repayment. Recommendations 

based on the foregoing discussion are set forth at the conclusion of this Report.
78 PRIVATE STUDENT LOANS

Part Four: Fair Lending 

Issues

This section examines issues identified in the statute that relate to private education 

loans and the Nation’s fair lending laws, including: 

• “the underwriting criteria used by private educational lenders, including the 

use of cohort default rate (as such term is defined in section 435(m) of the 

Higher Education Act of 1965);”

• “the terms, conditions, and pricing of private education loans;” and

• “whether federal regulators and the public have access to information 

sufficient to provide them with assurances that private education loans are 

provided in accordance with the Nation’s fair lending laws and that allows 

public officials to determine lender compliance with fair lending laws.”

Private student lending presents complexities that are not generally present in other 

consumer debt products. In mortgage (and other secured) lending, the underlying 

value of a home (or other asset such as a car), the borrower’s income, and the 

borrower’s credit history are critical criteria in the underwriting process. In other 

markets where lending is not secured by an asset, as is the case with credit cards, 

lenders often rely on the ability to close or reduce lines of credit in addition to 

underwriting based on credit history and income. In contrast, a private student loan 

borrower pursuing postsecondary education full-time often lacks income and credit 

history. In addition, because loans are generally funded in full and payments are 

deferred, private student lenders lack the ability to limit or reduce an open line of 

credit. Accordingly, to the extent lenders underwrite on the basis of the student’s 

application rather than the creditworthiness of a co-borrower, lenders must choose 
79 PRIVATE STUDENT LOANS

some basis to distinguish borrowers who are more or less likely to repay out of a group 

of borrowers who have little to no credit history and whose future earnings are 

uncertain. Private student lenders have addressed these issues in recent years by 

requiring borrowers to either be independently creditworthy or have a creditworthy cosigner.

It may be reasonable to assume that future repayment ability is related to whether a 

postsecondary education program adequately prepares a student for gainful 

employment. As of the publication of this Report, the federal government does not 

publish data on the earnings of graduates by program. However, there are some 

statistics that may be correlated with the value of a degree from a particular school. 

For example, schools self-report graduation and retention rates to the Secretary of 

Education. The Department of Education also publishes a statistic called cohort 

default rate for each school participating in Title IV programs. 

COHORT DEFAULT RATE

Cohort default rate (“CDR”) is a measure of the federal student loan repayment 

history of a particular group or “cohort” of borrowers. For each school, the CDR is 

the percentage of the school’s borrowers entering repayment on federal student loans 

during a particular period who default prior to the end of the period. Currently, the 

period used to calculate CDR spans multiple federal fiscal years. 

CDR is one tool used for determining a school’s eligibility for federal student loan 

programs. Currently, the Department of Education removes a school’s eligibility for 

those programs when the institution’s three most recent CDRs are above 25%, or 

where the most recent CDR is greater than 40%. The Department of Education uses 

CDR as an eligibility cutoff at these relatively high levels, because CDR is intended to 

be used as a broad measure to evaluate the risk to taxpayers of guaranteeing loans at a 

particular school. To that point, based on 2009 CDRs, published in 2011, only five 

schools were excluded due to the Department’s rules. As designed by Congress, CDR 

was not specifically intended to assist private lenders in eligibility, underwriting, and 

pricing decisions,193 particularly at much lower levels of default (e.g. under 8%). 

However, CDR has been used by private student lenders seeking a proxy for a 

student’s likelihood of repaying. 

FAIR LENDING IMPLICATIONS

The Equal Credit Opportunity Act (“ECOA”) makes it illegal for a creditor to 

discriminate in any credit transaction against any applicant.

194 One form of 

discrimination recognized under the ECOA is disparate impact, which prohibits a 

creditor practice that has a disproportionately negative impact on a prohibited basis, 

even though the creditor has no intent to discriminate and the practice appears neutral 

on its face, unless the practice meets a legitimate business need that cannot reasonably 
80 PRIVATE STUDENT LOANS

be achieved as well by means that are less disparate in their impact.195 Federal 

regulators,196 as well as the private bar,197 have both recently pursued private student 

lending actions that implicate fair lending issues. 

Private student lenders’ use of CDR at very low default levels may present fair lending 

concerns because, as discussed below, racial and ethnic minority students are 

disproportionately concentrated in schools with higher CDRs. Accordingly, use of 

CDR to determine loan eligibility, underwriting, and pricing may have a disparate 

impact on minority students by reducing their access to credit and requiring those 

minority students who meet the lenders’ eligibility thresholds to pay higher rates than 

are otherwise available to similarly creditworthy non-Hispanic White students at 

schools with lower CDRs.

USE OF CDR BY PRIVATE STUDENT LENDERS

The Sample Lenders provided information about how they use CDR and other 

institution-based criteria to determine a student’s eligibility for their loan programs, as 

well as underwrite and price their private student loans. In this context, the term 

“eligibility” refers to whether a lender accepts applications from a particular 

postsecondary school’s students. If a lender sets its eligibility cutoff at a CDR of 12%, 

then students from those schools with a rate at or below 12% would be eligible to be 

considered for a loan, whereas students from schools with a rate above 12% could not 

receive a loan, regardless of any particular student’s creditworthiness (or that of his or 

her co-applicant). 

The primary use of CDR by the Sample Lenders is to set such school eligibility cutoffs. 

Prior to the 2008 financial crisis, many Sample Lenders employed an eligibility cutoff 

between 10% and 12%. After the crisis, a majority of Sample Lenders report eligibility 

cutoffs in the range of 6% to 8%, though some lenders have moved in the opposite 

direction, increasing their cutoff as high as 20%. The majority of the Sample Lenders 

report relying almost exclusively on CDR to set their school eligibility cutoffs.198 

However, some Sample Lenders report setting eligibility cutoffs using CDR in 

conjunction with other factors such as internal portfolio performance, while others 

have phased out this particular use of CDR and replaced it with a school’s graduation 

rate instead,

199 and others may have phased out use of school-specific criteria entirely. 

In terms of underwriting and pricing, the Sample Lenders largely report utilizing 

traditional, individually-applied criteria, such as minimum FICO score or custom 

scorecard measures, debt-to-income ratio, payment-to-income ratio, length of credit 

history, number of trade lines, number of derogatory credit items, and 

delinquency/bankruptcy history. Moreover, the Sample Lenders report that in general 

private student loan borrowers must either be independently creditworthy or have a 

creditworthy co-signer. A few Sample Lenders, however, did report utilizing CDR as 

part of, if not the primary consideration in, their underwriting and pricing decisions. 

Most of these lenders created custom scorecards that included CDR as a factor, and 

used the scorecard for both underwriting decisions and determining pricing tiers. 
81 PRIVATE STUDENT LOANS

ACCESS TO DATA TO ASSESS FAIR LENDING 

COMPLIANCE 

In the mortgage market, lenders are required to collect and report applicant 

demographic data in accordance with the Home Mortgage Disclosure Act.

200 No 

analog exists for private student loans. In fact, federal law generally prohibits lenders 

from collecting this data.201 Accordingly, the public does not currently have complete 

information to assess whether a particular lender is in compliance with the nation’s fair 

lending laws.

Federal banking regulators, in their role as supervisors of financial institutions, typically 

have the greatest access to lender data.202 In order to conduct a robust empirical 

investigation of a lender’s compliance with ECOA, they would be best served if they 

had the following types of data:

1. underwriting decisions and loan terms, including pricing

2. pricing grids or matrices

3. applicant credit characteristics, such as FICO score and debt-to-income ratio

4. applicant demographics, such as race and ethnicity

When applicant-level demographic data are not available, a common approach in fair 

lending analysis is to impute demographic characteristics based on the applicant’s 

address—considering, for example, whether an applicant resides in a predominantly 

minority neighborhood. The inference of ethnicity from geographic data can have 

significant limitations, especially for PSLs made only to a student and not to a coborrower, since students may use a temporary address, such as a dormitory or 

apartment near their school, when they apply for student loans. It may thus be difficult 

to accurately infer their demographic information from geographic data alone. 

Accordingly, data limitations may impact federal banking regulators’ ability to evaluate 

a lender’s compliance with the nation’s fair lending laws. 

COHORT DEFAULT RATE AND SCHOOL RACIAL 

AND ETHNIC DEMOGRAPHICS

Despite the data limitations, some meaningful insights into the fair lending 

implications of private student lenders’ use of CDR can be gained by examining the 

relationship between CDRs and minority enrollment at postsecondary schools, 

focusing on CDR based eligibility cutoffs used by the Sample Lenders.

203 One result 

is Table 20, which provides an aggregate demographic profile of postsecondary schools
82 PRIVATE STUDENT LOANS

by CDR range. It shows that African-American and Hispanic students are much more 

likely to attend schools with higher CDRs.204

As a next step, our analysis focused on the racial and ethnic distribution of students 

above and below the most commonly employed cohort default-rate cutoffs. Table 21 

shows the average racial and ethnic make-up of schools in 2009, weighted by 

enrollment, with CDRs above and below 8%. It shows that African-American and 

Hispanic students are much more likely to attend schools with CDRs above the 8% 

eligibility threshold.205

TABLE 20: PROPORTION OF STUDENT ENROLLMENT BY DEMOGRAPHIC GROUP AND CDR 

RANGE, 2008-2009 ACADEMIC YEAR

Percent of Students Who Attend Schools With CDR in A Given Range

0≤CDR<5 5≤CDR<10 10≤CDR<15 15≤CDR<20 20≤CDR≤100 Count

Total 42.2% 25.8% 23.2% 6.8% 2.0% 20,539,364

Gender

Male 44.0% 25.2% 22.8% 6.1% 1.8% 8,793,497

Female 40.9% 26.2% 23.6% 7.2% 2.2% 11,745,867

Racea

White 49.4% 25.1% 19.2% 5.5% 0.9% 6,904,535

Black 31.0% 28.1% 29.9% 7.9% 3.1% 1,530,810

Hispanic 35.4% 27.5% 30.0% 5.2% 2.0% 1,415,793

Asian 65.7% 19.2% 11.6% 3.1% 0.4% 712,844

Native 

American

44.3% 22.1% 23.2% 8.5% 1.9% 99,170

Unknown 39.9% 23.9% 22.0% 11.1% 3.1% 1,718,751

Source: IPEDS 2009 and PEPS.

Data are reported for the 50 States, the District of Columbia, Puerto Rico, and the territories. a

Students are not required to report race or ethnicity. Excludes students who report two or more races.
83 PRIVATE STUDENT LOANS

TABLE 21: AVERAGE RACIAL AND ETHNIC DEMOGRAPHICS ABOVE 

AND BELOW 8%, BY SCHOOL TYPE, 2008-2009 ACADEMIC YEAR 

Source: IPEDS 2009 and PEPS. Data are reported for the 50 States, D.C., Puerto Rico, and 

the jurisdictions.

We also calculated odds ratios showing the relative likelihood, as compared to all 

students, that students of various racial and ethnic demographics would attend a 

school with a CDR above or below the industry’s commonly used 8% and 12%

eligibility thresholds.206 Aggregating all schools, we found that African-American and 

Hispanic students were almost twice as likely as students generally to attend schools 

with a CDR above 8% than schools with a rate below the threshold. Moreover, a 

similar pattern was observed at the 12% CDR threshold.207 

The results are even more pronounced when looking at specific types of schools. 

Results for the 2008-2009 academic year are presented in Table 22,208 which shows 

that Hispanic students attending private four-year institutions were over seven times as 

likely as students generally to attend schools with a CDR above 8% than schools with a 

rate below the threshold; and African-American students attending Public four-year 

institutions were almost four times as likely as students generally to attend schools with 

a CDR above 8% than schools with a rate below the threshold. 

 
84 PRIVATE STUDENT LOANS

TABLE 22: ODDS-RATIOS FOR RACIAL AND ETHNIC DEMOGRAPHICS 

ABOVE AND BELOW 8% AND 12%, BY SCHOOL TYPE, 2008-2009 

ACADEMIC YEAR

Source: IPEDS 2009 and PEPS. Data are reported for the 50 States, D.C., Puerto Rico, and 

the jurisdictions.

CONCLUSION

To be clear, these findings do not imply that there is a causal link between minority 

enrollment and performance on federal loans. However, based on the observed 

correlation between a school’s CDR and minority student enrollment, as well as the 

odds ratios calculated in our analysis, lenders’ consideration of CDR in either school 

eligibility or underwriting/pricing criteria may reduce credit access and increase prices 

for minority student borrowers. The Department of Education uses CDR as a school 

eligibility cutoff at relatively high levels because CDR is intended to be used as a broad 

measure to evaluate risk to taxpayers of guaranteeing loans at a particular school. 

Schools with a CDR above these levels may fairly be viewed as failing to improve the 

income and employment prospects of their students. Thus, by limiting the extension 

of credit at such schools the Department’s policy may serve a consumer protection 

function as well. However, as designed by Congress, CDR was not specifically 

intended to assist private lenders in eligibility, underwriting, and pricing decisions, 

particularly at lower levels of default (e.g., under 8%). Accordingly, the Sample 

Lenders’ general reliance on CDR to set eligibility cutoffs for their loan programs may 

raise a threshold fair lending concern, requiring further analysis by lenders to provide 

evidence of a legitimate business need to use CDR. The Agencies are mindful, 

however, that our study lacked application-level data, which limited the authors’ ability 
85 PRIVATE STUDENT LOANS

to draw definitive conclusions about the above referenced fair lending implications of 

CDR.

While the previously articulated risks associated with PSLs generally make federal loans 

a better choice for consumers, the availability of such loans is statutorily limited, and 

they do not cover the full cost of attendance at many schools. Accordingly, PSLs can 

be an important tool in the education finance toolbox. Given that reality, it is 

important that lenders offer this product in accordance with the nation’s fair lending 

laws.
86 PRIVATE STUDENT LOANS

Part Five: 

Recommendations

RECOMMENDATIONS FROM THE DIRECTOR OF THE CONSUMER 

FINANCIAL PROTECTION BUREAU

The Consumer Financial Protection Bureau opened its doors almost a full year ago. In 

the private student lending industry, we have sought to increase transparency, ensure 

compliance with existing laws of financial institutions, and educate the public on how 

to make better decisions. 

Congress can also help to make this market work better for students, families, schools, 

and financial institutions. Below we identify some areas where Congress could help to 

modernize our nation’s laws to meet the needs of today’s marketplace.

I. REQUIRING SCHOOL CERTIFICATION OF PRIVATE STUDENT LOANS 

COULD REDUCE OVER-BORROWING AND LEAD TO BETTER PRODUCT 

CHOICES. 

Congress should consider requiring lenders to better coordinate with institutions of 

higher education prior to originating a private student loan. Lenders should obtain an 

affirmative certification from the institution of higher education that the loan amount 

does not exceed student need.

As we discuss in this study, students currently complete a “self-certification” form. 

This additional paperwork may not spur meaningful conversation between schools and 

students about various grant and loan options that may have more favorable terms. A 

wide number of industry and student advocates have expressed support for schools 

playing a greater role in this process than is presently contemplated by the statute. 
87 PRIVATE STUDENT LOANS

A potential solution might leverage the use of existing electronic networks among 

lenders and schools – replacing self-certification with mandatory certification like that 

formerly used in the FFEL program.

II. DETERMINE WHETHER CHANGES ARE NEEDED TO THE TREATMENT 

OF PRIVATE STUDENT LOANS IN BANKRUPTCY PROCEEDINGS.

Federal student loans under Title IV of the Higher Education Act offer significant 

options for borrowers facing economic distress, including the ability to cap payments 

as a percentage of discretionary income and remain in good standing. While this may 

lead to greater total payments over the life of these loans, the borrower can more easily 

avoid the economic consequences of delinquency or default. 

We heard from many distressed student loan borrowers facing trouble making 

payments on private student loans due to limited options for alternate payment 

options. Consumers, as well as businesses, have been able to restructure other types of 

debts through bankruptcy as a last resort.

But with less guaranteed flexibility compared to federal loans and very limited 

bankruptcy options compared to other consumer loans, private student loan borrowers 

facing tough economic times may be challenged to emerge as productive contributors 

to our society.

As noted in the report, several bodies were unable to find any systematic abuse of the 

bankruptcy code in seeking student loan discharges. Additionally, we were unable to 

find strong evidence that the 2005 changes to the bankruptcy code caused prices to 

decline or access to credit to increase significantly. If Congress concludes that the 

2005 changes did not meet their overall policy goals, it would be prudent to consider 

modifying the code in light of the impact on young borrowers in challenging labor 

market conditions. 

III. CONSIDER MODERNIZING AND CLARIFYING THE DEFINITION OF A 

PRIVATE STUDENT LOAN UNDER THE TRUTH-IN-LENDING ACT.

Currently, the law generally defines a private student loan as a closed-end loan for 

postsecondary expenses not borrowed through programs under Title IV of the Higher 

Education Act. 

However, there are other student loan programs issued by the federal government. 

For example, the Department of Health and Human Services offers loans to students 

pursuing health professions. These loans do not appear to involve the policy issues 

that prompted the addition of consumer protections in the past decade to private 

student loans. 

On the other hand, there may be other products in the marketplace that serve as 

economic substitutes (such as lines of credit for postsecondary expenses) that do not 

meet the statutory definition, but may require a similar disclosure and consumer 

protection framework. Congress may wish to clarify these definitions to enhance 

consumer clarity and ensure a competitive, level playing field.
88 PRIVATE STUDENT LOANS

IV. PROVIDE MECHANISMS FOR BORROWERS TO UNDERSTAND A 

COMPLETE PICTURE OF THEIR STUDENT LOANS.

Input received from industry, schools, and consumers, reveals that many borrowers 

appear to view federal and private student loans as direct economic substitutes. Many 

borrowers do not have a clear understanding of the key differences between these 

loans. This leads to a further problem: because many borrowers have both types of 

loans from the same lender, many borrowers are confused about how much they owe 

and to whom, even as they decide whether to take on more debt for additional years in 

school.

Borrowers are able to determine their full set of federal student loan obligations by 

accessing the National Student Loan Data System (NSLDS). No such centralized, 

publicly-accessible system exists for borrowers of private student loans. Congress 

should explore how it can facilitate greater transparency of existing obligations and 

promote borrower understanding of their total debt obligations.

V. DETERMINE WHETHER ADDITIONAL DATA IS NEEDED TO 

ENHANCE CONSUMER DECISION-MAKING AND LENDER 

UNDERWRITING.

In order to make informed decision-making on appropriate levels of student debt, 

consumers need more and better information about post-graduation outcomes, such as 

employment and wage expectations by program of study, before they decide on which 

school to attend or continue attending.

The lack of data also impacts lenders. The scarcity of publicly-available data may 

contribute to the use of indicators such as cohort default rate and graduation rates in 

underwriting. While these may serve as proxies for expected outcomes, they may be 

far inferior to actual expected outcomes for the purpose of underwriting. Additional 

outcome data might also give the public and federal regulators greater confidence that 

underwriting is in compliance with the nation’s fair lending laws.
89 PRIVATE STUDENT LOANS

RECOMMENDATIONS OF THE SECRETARY OF 

EDUCATION

I. WE RECOMMEND THAT CONGRESS REQUIRE INSTITUTIONS OF 

HIGHER EDUCATION AND PRIVATE EDUCATION LENDERS TO WORK 

PROACTIVELY TO PROTECT AND INFORM PRIVATE STUDENT LOAN 

BORROWERS. 

• Require institutions of higher education to determine whether a private 

education loan borrower has exhausted his or her eligibility for Federal 

student aid and to certify a borrower’s need for a private education loan 

before a private education lender issues the loan.

Some private student loan borrowers do not apply for Federal student aid, and many 

private student loan borrowers do not exhaust their Federal student loan limits. 

Because the terms and conditions of a private student loan are almost never as 

beneficial to a borrower as a title IV loan, it is important that students turn first to 

Federal student loans and other Federal aid to finance their higher education. We 

recommend that Congress require institutions to determine whether private loan 

borrowers have applied for and exhausted their eligibility for Federal aid, and if they 

have not, to disclose to borrowers their possible eligibility for Federal student aid, the 

terms and conditions of such aid, and that eligibility for Federal aid should be 

exhausted before borrowing a private education loan. We further recommend that the 

disclosure include an affirmation, signed by the borrower that the borrower has 

received the above information and that the borrower has exhausted his or her 

eligibility for Federal student aid or that the borrower has intentionally declined to 

either apply for Federal student aid or exhaust eligibility. Requiring a signed disclosure 

will ensure that borrowers are aware of and receive information about Federal student 

aid and that the financial aid office at the institution has a more complete picture of the 

borrower’s educational financing and can counsel the borrower appropriately. 

We also recommend that Congress require an institution that has accepted the 

borrower for enrollment to certify all private education loans, which would consist of 

verifying a student’s enrollment, private student loan amount, and that the institution 

has determined that the amount of loan requested does not exceed the amount of the 

applicant’s qualified educational expenses net of Federal or other student financial 

assistance available or awarded to the applicant. We recommend requiring that the 

private lender obtain this certification from the institution before making a private loan 

and that the loan amount not exceed the amount certified by the institution. 

While the current trend in private education lending is for the school at which the 

borrower is enrolled to certify a borrower’s need for a private education loan, there is 

no guarantee that the direct-to-consumer (DTC) loan market of the near past will not 

reemerge as the economy improves. We believe that institutional certification of 

private education loans will cap the annual loan amount at cost of attendance less aid 

received and protect borrowers from overborrowing. As noted in the Consumer 
90 PRIVATE STUDENT LOANS

Protection narrative in Part Three of this report, public commenters from all 

constituencies suggested that institutional certification of a private education loan 

should be required by law as a prerequisite to the making of a private student loan.

• Require lender disclosures on the availability of Federal student aid. 

As noted above, it is critical that students and their families know that Federal student 

financial aid is available to finance higher education, most often with more generous 

terms, conditions, and repayment options than private student loans, and that they 

should only consider obtaining a private education loan if they have exhausted their 

eligibility for Federal grants, work-study, and loans, as well as State and institutional 

grants and scholarships where available. We recommend that Congress require private 

education lenders, before a private education loan is issued, to disclose to the borrower 

his or her possible eligibility for Federal student aid, the terms and conditions of 

Federal aid, that the borrower should exhaust his or her eligibility for Federal student 

aid before borrowing a private education loan, and that the borrower should contact 

the financial aid office at the school at which the borrower is enrolled for more 

information. Requiring private education lenders to make these disclosures before the 

loan is issued will ensure that a borrower is aware of and receives information about 

Federal student aid and will reinforce the notion that maximizing Federal student loans 

and other aid before borrowing a private education loan is more beneficial to the 

borrower.

II. WE RECOMMEND THAT CONGRESS WORK WITH THE CFPB AND 

THE DEPARTMENT OF EDUCATION TO DETERMINE HOW TO AFFORD 

GREATER FLEXIBILITY AND/OR RELIEF TO PRIVATE STUDENT LOAN 

BORROWERS WHO ARE EXPERIENCING FINANCIAL DISTRESS, 

INCLUDING POTENTIAL CHANGES TO THE TREATMENT OF PRIVATE 

STUDENT LOANS IN BANKRUPTCY PROCEEDINGS.

Private student loans do not offer any of the debt management or mitigation options 

enjoyed by Federal loan borrowers, such as a variety of flexible repayment plans, 

forbearance options, and contractual rights to periods of loan deferment, 

rehabilitation, and forgiveness opportunities. These options, which extend for the life 

of a borrower’s Federal student loan, provide relief from economic hardship for 

borrowers in extreme financial distress. Moreover, since 2005, private education loans 

are not dischargeable in bankruptcy unless the borrower can demonstrate undue 

hardship (like Federal student loans), an extremely difficult standard to meet.

The absence of consumer protections on private loans comparable to that available on 

Federal student loans, combined with the current restriction on bankruptcy discharge, 

leave those private student loan borrowers who face extreme financial distress with no 

last resort for economic relief, even in dire circumstances, such as borrower death on 

cosigned loans. The impact of having no last resort relief for private student loan 

borrowers is reflected in the relatively higher loan default rate among those borrowers 

that received a private student loan in the mid-2000s — a time when private loan 
91 PRIVATE STUDENT LOANS

marketing was particularly aggressive and underwriting standards were less stringent 

than today.

In commissioning this report, Congress tasked the CFPB and the Department to 

examine the consumer protections available on private student loans, as well as their 

terms, conditions, and pricing. Based upon the substantial data provided in this report, 

and as the CFPB’s recommendations note, there is no strong evidence that the 2005 

changes to the bankruptcy code caused prices to decline or significantly increased 

access to credit. Nor did analysis by others find evidence of systematic abuse of the 

bankruptcy code in seeking student loan discharges when such an opportunity was 

more widely available. 

Therefore, Congress should work with the CFPB and the Department of Education to 

determine what safeguards are adequate to ensure that students’ and families’ pursuit 

and attainment of postsecondary education, including when financed through the use 

of credit beyond Federal loans, do not jeopardize borrowers’ ability to recover from 

severe financial distress. This determination should weigh the relative impact of 

providing student loan consumers with flexibility and relief—including forbearance, 

deferment, income-based repayment options, defaulted loan rehabilitation, and 

modifications to bankruptcy discharge provisions—with the potential that such 

safeguards may lead to higher prices or more stringent underwriting standards. 

III. WE RECOMMEND THAT CONGRESS AMEND THE DEFINITION OF 

PRIVATE EDUCATION LOAN TO EXCLUDE OTHER FEDERAL 

EDUCATION LOANS.

We agree with the CFPB that the definition of private education loan should exclude 

Federal education loans such as health profession loans made by the Department of 

Health and Human Services. Should Congress decide to change the law, we also 

recommend that Congress consider excluding only private education loans made by 

eligible not-for-profit holders as long as the following controlling factors are mandated 

to protect borrowers: a ban on price discrimination based on a borrower’s credit 

worthiness; a requirement that repayment safety nets such as deferment, forbearance, 

and income-based repayment are included in the terms and conditions of the loan; and, 

a mandate that loan forgiveness be provided for public service such as teaching, 

nursing, and social work. 

IV. WE RECOMMEND THAT THE DEPARTMENT OF EDUCATION AND 

THE CFPB WORK WITH CONGRESS TO IDENTIFY THE NECESSARY 

RESOURCES TO PROVIDE A COMPREHENSIVE PICTURE OF STUDENT 

BORROWING THAT IS INCLUSIVE OF BOTH FEDERAL AND PRIVATE 

STUDENT LOANS. THE ABILITY FOR A BORROWER TO ACCESS THIS 

INFORMATION IN A CENTRALIZED WAY WOULD HELP FACILITATE 

BETTER DEBT MANAGEMENT AND IMPROVED FINANCIAL DECISION 

MAKING.

While student borrowers can access information about their individual federal student 

loan borrowing through the National Student Loan Data System (NSLDS), private 
92 PRIVATE STUDENT LOANS

student loan borrowers have no such comparable resource. Additionally, there is no 

comprehensive resource that allows a complete picture of borrowers’ student loan debt 

inclusive of all of their educational debt obligations. 

We encourage the Department and the CFPB, working with Congress, to establish a 

centralized, publicly accessible, privacy–protected system for borrowers to access 

private student loan data that is comparable and compatible with ED’s NSLDS. The 

information in NSLDS is a critical resource in the Department’s management and 

operation of the title IV loan programs and facilitates ED’s oversight and enforcement 

efforts as well. NSLDS underpins the efforts of our Student Loan Ombudsman in 

helping borrowers work through the problems they encounter in repayment and helps 

to ensure that student loan borrowers are aware of their Federal debt levels. Private 

lenders and private loan borrowers would be well-served by a comparable and 

compatible resource like NSLDS.
93 PRIVATE STUDENT LOANS

Data Appendix I: Further 

Information About Data 

Sources

MERGE METHODOLOGY

DATA SOURCES

• Lender Loan Level Origination Data (Loan-Level Data) 

• Integrated Post-Secondary Educational System (IPEDS) 

• Postsecondary Education Participants System (PEPS) 

• Consumer Price Index-All Urban Consumers (CPI-U)

PROCEDURE

In order to obtain additional detail about school characteristics the loan-level data was 

merged with the IPEDS and PEPS data for corresponding years. The CPI was merged 

to the loan-level data in order to inflation adjust dollar values such as tuition and fees 

and original balances.

The relevant IPEDS was downloaded as custom datasets from the IPEDS Data Center 

(http://nces.ed.gov/ipeds/datacenter/ ) between March 14, 2012 and April 10, 2012 

for academic years 2004 through 2011 (the 2011 data was early release data at the time 

it was downloaded). These IPEDS datasets contain all Title IV participating 

institutions, plus non-Title IV institutions that voluntarily submit data to IPEDS. 

While OPEID is a variable in IPEDS, it is not available for all institutions in all years.
94 PRIVATE STUDENT LOANS

For each school, tuition and fee variables were created for in-state and out-of-state 

students for each type of program by combining the average tuition and average fees 

for each type of program (for schools that only reported a comprehensive fee this was 

taken to be the tuition and fee value) using the tuition1-tuition7, fee1-fee7, and 

cmpfee1-cmpfee3 for undergraduate and graduate students. For medical students, 

instate tuition and fees were constructed using isprof3, ispfee3, osprof3, and ospfee3, 

and similarly, for law students, tuition and fees were constructed using isprof9, ispfee9, 

osprof9, and osfee9. These variables are only available through the 2010-2011 

academic year. For undergraduates, published tuition and fees are available through the 

2011-2012 academic year, and are constructed as separate variables using chg2ay3, 

cmp2ay3, chg3ay3, and cmp3ay3. 

A crosswalk between IPEDS unitid and OPEID was created by taking the first nonmissing OPEID associated with a particular school as the OPEID of the school if it 

was not reported in a given year. For the 53,717 school-year pairs in the IPEDS 

sample, this crosswalk updated a missing OPEID in 24,415 (45.5%) of the records. 

Retrospective IPEDS data, such as enrollment and average tuition, was assigned to 

quarter of origination based on reporting year (fyrpyear) for academic years 2004-2005 

through 2009-2010: for a July 1 through June 30 calendar year quarters 1 and 2 of the 

survey year were assigned an origination year the same as the survey year and quarters 

3 and 4 were assigned to an origination year a year earlier than the survey year; for 

institutions with a September through August reporting period, quarters 1, 2, and 3 

were assigned to the same origination year as the survey year and quarter 4 was 

assigned to an origination year a year earlier than the survey year. For 2010 and 2012, 

all institutions conform to a July 1 through June 30 calendar year. The IPEDS dataset 

was merged with the loan-level data using 8-digit OPEID and quarter of origination, 

resulting in a match for 4,710,426 (86.3%) of the loan-level records and additional 

matching on 6-digit OPEID and quarter of origination resulted in 1 additional match. 

Records that did not match include consolidation loans; loans for foreign institution 

and other non-IPEDS reporting schools such as extension schools and test-prep 

programs; and schools that may have been miscoded and that could not be matched 

on name because of non-standard spelling. Once the merge was completed a 

borrower’s relevant tuition and fees were calculated based on in-state status (a student 

is classified as in-state if the state in which his school is located and the state reported 

in the loan-level data matched; he is classified as out-of-state otherwise), and the 

corresponding in-state and out-of-state tuition and fees.

The loan-level dataset was also merged to the PEPS data provided by the third party 

aggregator (which they also used to verify OPEID) in order to add institutional 

variables that are not available in the IPEDS data, such as foreign institution status. 

This resulted in a match of 4,960,358 (90.9%) of the loan level records. All records that 

merged successfully with IPEDS also merged successfully with PEPS. 

In order to inflation-adjust variables such as original loan balances and tuition and fees, 

the loan-level was also merged with the half-yearly CPI-U data on origination quarter 

where the first two quarters of a calendar year were attributed to the 1st half and the 

last two quarters of a calendar year were attributed to the second half. For all inflationadjusted values, the base half-year is the second half of 2011. 
95 PRIVATE STUDENT LOANS

In the loan level data, program type was determined using the “Year in School” 

variable to distinguish between Undergraduates and Graduates, and the “Course” 

variable to split Graduates into Graduates, Medical, and Law. Program type was 

categorized as Certificate/Continuing where “Year in School” and “Course” produced 

a “Not Applicable,” “No Data,” or “Other” program type and the “Program Type” 

variable was “Certificate/Continuing.” This left 516,197 observations as “Not 

Applicable,” “Other,” or “No Data.”
96 PRIVATE STUDENT LOANS

Data Appendix II: 

Additional Figures And 

Tables

APPENDIX FIGURE 1: DISTRIBUTION OF INTEREST RATE INDICES BY

PROGRAM TYPE (SAMPLE LENDERS)
97 PRIVATE STUDENT LOANS

Source: Sample lender loan level data

Please note that T-bill based indices have largely disappeared as of the 2011-2012 

academic year while fixed-rate offerings are just beginning to appear in undergraduate 

offerings in the Sample Lender loan level data. The key indices that persist through the 

Sample time period are Prime, and both LIBOR indices.

APPENDIX FIGURE 2: DISTRIBUTION OF ORIGINAL INTEREST RATE BY 

PROGRAM TYPE (ACADEMIC YEAR BASIS) (SAMPLE LENDERS)

Source: Sample lender loan level data

The two horizontal red lines in the figure correspond to the 6.8% fixed interest rates on 

federal Stafford loans and the 7.9% interest rate on federal Direct PLUS loans, both 

applicable as of this writing. Appendix Figure 3 presents box plots of the margin over the 

index used to compute interest rates by program type and year. Appendix Figure 4

presents box plots of the margin over the index used to compute interest rates by the 

index used. The variable-rate loan contracts used by PSL lenders compute interest at a rate 

that is reset periodically by adding the current value for the Index (such as the Prime Rate) 

plus a fixed “margin.” The higher the margin, the higher the interest rate will be.

 
98 PRIVATE STUDENT LOANS

APPENDIX FIGURE 3: DISTRIBUTION OF MARGIN TO INDEX BY 

PROGRAM TYPE (ACADEMIC YEAR BASIS) (SAMPLE LENDERS)

Source: Sample lender loan level data

 
99 PRIVATE STUDENT LOANS

APPENDIX FIGURE 4: DISTRIBUTION OF MARGIN BY INDEX (ACADEMIC 

YEAR BASIS) (SAMPLE LENDERS)

Please note that in each of the three key indices, Prime and both LIBOR (key in that they 

persist through our Sample period) margins rose during the financial crisis of 2008 and 

subsequently declined to a lower, but elevated (relative to the pre-crisis period) level. 
100 PRIVATE STUDENT LOANS

APPENDIX FIGURE 5: CHANGE IN INITIAL REPAYMENT CHOICE 

BEHAVIOR BY ACADEMIC PROGRAM (CALENDAR YEAR) (SAMPLE 

LENDERS)

Source: Sample lender loan level data

 
101 PRIVATE STUDENT LOANS

APPENDIX FIGURE 6: SUPPLEMENTAL DATA FROM PART FOUR –

DEMOGRAPHIC DISTRIBUTION BELOW/ABOVE CDR THRESHOLD.209
102 PRIVATE STUDENT LOANS
103 PRIVATE STUDENT LOANS

APPENDIX FIGURE 7: SUPPLEMENTAL DATA FROM PART FOUR – ODDS 

RATIOS FOR THRESHOLD CDRS (2007 – 2008)210

 
104 PRIVATE STUDENT LOANS

Student Loan Glossary

ANTI-INDUCEMENT RULES

Generally refers to provisions in the Higher Education Act that prohibit 

lending arrangements where a student lender provides benefits to a school in 

exchange for considerations such as referral of increased loan volumes.

ASSET-BACKED 

SECURITIZATION

The creation of a financial instrument by combining a pool of loans 

(assets) and then selling different tiers of securities to investors who are 

repaid out of the receipts from the financial assets. In general, a sponsor of 

the transaction sells loans or other assets to a bankruptcy-remote trust. The 

trust is technically the “issuer” of asset backed securities, although the 

sponsor is sometimes referred to by that term. The “investors” are the 

parties who purchase the securities (typically bonds or notes) issued by the 

trust. The process can encompass any type of financial asset and promotes 

liquidity in the marketplace. By combining loans into one large pool, 

an issuer can divide the cash flows from the large pool of assets into smaller 

pieces and sell those smaller pieces to investors. Securitization creates 

liquidity by enabling smaller investors to be able to purchase cash flows from 

portions of larger pools. Assets typically placed into ABS securities include 

auto loans and leases, credit card receivables, and both federal and private 

student loans. The structuring of cash flows through securitization, i.e. the 

different terms governing how much and when cash is paid out to the 

investors, allows the market to separate different forms of risk (for example, 

interest rate and credit risk) associated with the same pool of loans.

BPS OR BASIS POINTS One basis point is equal to one one-hundredth of one percent or 0.01%
105 PRIVATE STUDENT LOANS

COHORT DEFAULT RATE

Measured by the Department of Education: the percentage of a school's 

borrowers who enter repayment on certain Federal Family Education Loan 

(FFEL) Program or William D. Ford Federal Direct Loan (Direct Loan) 

Program loans during a particular federal fiscal year (FY), October 1 to 

September 30, and default or meet other specified conditions prior to the 

end of the next fiscal year.

COLLATERALIZATION 

RATIO 

With regard to an Asset-Backed Securitization, collateralization ratio is the 

ratio of trust assets (loans sold to the trust plus cash accounts) to trust 

liabilities (notes sold by the trust). May also be called a parity ratio.

DEPOSITORY INSTITUTION 

LENDERS

Private student lenders who hold a charter to accept deposits (i.e. banks and 

credit unions).

DTC OR DIRECT-TOCONSUMER

Unlike school-certified private student loans, direct-to-consumer student 

loans are typically not certified by a school’s financial aid office. In the 

certification process, a school’s financial aid office will communicate with a 

lender (usually electronically) to verify a student’s enrollment status at the 

school as well as financial need levels.

EXCESS SPREAD

With regard to an Asset-Backed Securitization, the excess spread refers to the 

remaining income after all required expenses and other payables, including 

required interest and principal payments, have been satisfied; it is the “net 

interest income” of the structure.

FAIR LENDING

Federal law, such as the Equal Credit Opportunity Act, prohibits 

discrimination in credit transactions based on factors such as race or color, 

religion, national origin, sex, marital status, and age. 

FEDERAL STUDENT LOANS

Money borrowed directly from the U.S. Department of Education to help 

cover the cost of higher education at a participating post-secondary 

institution. Requires the completion of a FAFSA or Free Application for 

Federal Student Aid. The Department of Education is now the sole lender 

for the Direct Stafford Loans and Direct PLUS Loan (Direct Loan) 

programs. Please see http://studentaid.ed.gov/
106 PRIVATE STUDENT LOANS

FICO

Stands for Fair Isaac Corporation, a purveyor of credit scoring algorithms 

and methodologies. Many consumers refer, correctly or incorrectly, to their 

credit score as a FICO score. FICO is only one subset of proprietary credit 

scores. Lenders use credit scores to assess an applicant's credit risk and 

whether to extend credit. Credit scores take into account factors such as 

payment history, indebtedness level, types of credit used, length of credit 

history, and number of new credit inquiries to assess credit risk. In general, 

FICO scores range between 300 and 850.

FIXED-RATE

Since 2006, all federal student loans have carried a fixed interest rate. Some 

private student loans carry a fixed interest rate as well. The interest rate is set 

at the time of origination and does not change throughout the life of a loan.

FORBEARANCE

A temporary cessation of payments granted by a lender or servicer typically 

when a borrower encounters temporary reduction in his ability to repay a 

student loan

FULL DEFERMENT

Refers to a schedule of payments under which a borrower does not make 

payment toward principal and/or interest while in a qualifying period. While 

student loan borrowers are in school, their loans are typically deferred, 

meaning that payments of both principal and interest are not due to begin 

until the borrower separates (transfer, graduate, drop-out, or otherwise leave) 

from school. After a deferral period ends, there is typically a grace period of 

six (6) months before payments are due. While terms and conditions vary 

for private student loans, the Department of Education (ED) has published a 

list of the reasons qualifying for a deferment. http://studentaid.ed.gov/

INCOME-BASED 

REPAYMENT

An available federal student loan repayment program that allows borrowers 

to limit the amount repaid each month based on the borrower’s income. 

Borrowers must qualify based on factors such as income, family size, and 

state of residence. The Department of Education has more information 

about IBR http://studentaid.ed.gov/

LIBOR

London Interbank Offered Rate; the interest rate at which banks can borrow 

funds from other banks in the London interbank market. LIBOR is fixed on 

a daily basis by the British Bankers' Association. There are different LIBOR 

rates for different terms. Variable-rate PSLs often use 30 day or 90 day 

LIBOR as an index to reset rates.

NON-BANK ORIGINATORS

Some private student lenders operated and originated loans without a bank 

charter. For example, a lender could purchase loans from a bank who 

originated loans under a forward purchase contract with the non-bank 

lender. The non-bank lender may have prescribed the types of loans that it 
107 PRIVATE STUDENT LOANS

was willing to purchase or in some cases may have helped set the credit 

policy to determine which loans a bank originator would make for sale. See 

also Depository Institution Lenders.

ORIGINATION FEES

A fee charged when a loan is made to a borrower. Origination fees are 

typically charged to cover a lender’s cost of processing an application and 

disbursing funds to a customer. Origination fees are usually included in the 

loan amount.

ORIGINATION VINTAGE The aggregate group of loans granted to borrowers in a given period (for the 

purposes of this Report, usually a calendar or academic year).

OVERCOLLATERALIZATION

With regard to an Asset-Backed Securitization, overcollateralization refers to 

the amount by which the assets (the collateral) pledged by a securitization 

trust exceed the principal value of the liabilities issued. The additional 

collateral represents additional security for the note holders and typically 

functions as a credit enhancing feature.

PRIVATE STUDENT LOANS

Any loans made for post-secondary education that are not federal student 

loans. The term excludes 12 month payment plans that do not charge 

interest on short-term balances due to schools. Unlike federal student loans, 

the interest rate and fees paid on a private student loan are based on a 

borrower’s and/or co-signer’s current creditworthiness, as tested at the time 

of application.

SECONDARY MARKET A market where investors can purchase or trade securities or assets

SLABS Student Loan Asset-Backed Security; See Asset-Backed Securitization

TALF OR TERM ASSETBACKED SECURITIES LOAN 

FACILITY

A program established by the Federal Reserve in November 2008 to assist in 

the issuance of asset-backed securities as investor liquidity in the ABS market 

had waned. The program ended in 2010.
108 PRIVATE STUDENT LOANS

TAX-ADVANTAGED BOND 

FUNDING

Some non-profit, state-affiliated private student lenders issue either revenue 

bonds or asset-backed securities supported by the cash flows from private 

student loans made by the lender. In certain circumstances, depending on 

the status of the issuer and the investor, the interest paid on bonds issued by 

state-affiliated entities is exempt from federal and/or state income taxation.

TERI-GUARANTEED 

SERVICING GUIDELINES

TERI stands for The Education Resources Institute, a Massachusetts nonprofit corporation that, prior to its bankruptcy in 2008, provided loan default 

insurance or guarantees covering private student loans that were originated 

according to TERI’s guidelines and policies. See note [20].

UNDERWRITING (CREDIT) 

STANDARDS

Guidelines established to ensure that safe and sound loans are issued and 

maintained. Credit underwriting standards, sometimes called a credit policy, 

typically set benchmarks for how much may be lent to a person, the terms, 

conditions and purposes of a loan, and what interest rate will be charged. 

For consumer credit, lenders often consider credit score, credit reports, 

income, employment, and the assets of a debtor.

VARIABLE-RATE

Many private student loans have variable interest rates, meaning the interest 

rate can change from time to time over the life of a loan. Variable interest 

rate loans are tied to an index, such as LIBOR or the Prime rate. When the 

index changes (up or down) the underlying interest rate of a loan changes. 

Rates may reset monthly, quarterly or even semi-annually. A margin is added 

to the current index value to determine the total interest rate for the loan. 

The margin is set at the time of origination and varies based on the credit 

worthiness of a borrower. This variation in margin value is one way that a 

creditor might establish “risk-based” pricing.
109 PRIVATE STUDENT LOANS

References and Notes

 

1 As used in this Report, the term “private student loan” is defined by reference to section 

140 of the Truth in Lending Act (15 USC § 1650). That term excludes short term credit 

advanced by schools (90 days or less) and payment plans of 12 months or less that do not 

involve periodic interest charges. This Report does not cover these common short-term 

financing methods.

2 Section 1077 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

3 The CFPB and the Department of Education would like to express their gratitude to the 9 

participating lenders for their willingness to participate in this data collection effort, not 

only for the meaningful information that they shared voluntarily, but also because of the 

compressed time-frame over which the parameters of the data request were defined and 

agreed to and the promptness of the data delivery. The participating lenders included:

RBS Citizens N.A., Discover Financial Services, The First Marblehead Corporation, 

JPMorgan Chase Bank, N.A., PNC Bank, N.A., Sallie Mae, Inc., SunTrust Banks, Inc., U.S. 

Bank National Association, and Wells Fargo Bank, N.A.. The information was provided 

under a non-disclosure agreement and is protected under various federal laws as 

proprietary and confidential business information.

4 We note that credit unions typically participate through joint platforms, such as Fynanz 

(cuStudentLoans), Credit Union Student Choice. These loans are held on credit union 

balance sheets and are playing a larger part in the PSL marketplace as some large banks 

have recently reduced their involvement in the market.

5 The College Board, Trends in Student Aid 2011, p. 10; State Lender Data

6 Federal loans made up 39% of student aid received by undergraduates and 69% of total 

graduate student aid. Federal grants constituted 27% of grants on which undergraduates 
110 PRIVATE STUDENT LOANS

 

relied and 2% of graduate student aid. Tax credits added another material portion of aid. 

Thus, the federal government provides more than 2/3 of the direct aid to all postsecondary students. See The College Board, Trends in Student Aid 2011, p. 11.

7 The College Board, Trends in Student Aid 2011, p. 13.

8 Parents may obtain a federal parental PLUS direct loan without completing a FAFSA.

9 Sallie Mae and Ipsos Public Affairs, How America Pays for College 2011, p. 6 “This is an 

increase of 8% over prior years, mostly amongst upper income students.”

10 “Private education loans are designed to bridge the gap between family resources, 

scholarship and grants, federal loans and the cost of a college education.” Sallie Mae. 

Primer on Private Education Loans. Accessed on 12 Jun. 2012, available at 

https://www1.salliemae.com/about/news_info/primer%20on%20private%20education%2

0loans.htm

“Students finance their postsecondary education by means of family contributions, federal

loans, grants and work-study, state grants, institutional grants and loans and, sometimes,

outside scholarships. When these sources of funding do not add up to the full amount

needed, some students turn to private loans. Other students may not have a pressing 

financial need and may bypass need-based financial aid resources in favor of a private 

loan. Thus, paradoxically, for some individuals, private student loans are a resource of 

necessity, whereas for others they serve as a resource of convenience.” USA Funds, Guide 

to Student Loan Issues. Accessed on 12 Jun. 2012, available at 

http://www.usafunds.org/Media/Reports%20and%20White%20Papers/GuideStudentLoan

Issue.pdf

11 34 C.F.R. §682.200(b)(i)); 34 C.F.R. 673.5(d)). Recapture may in fact be rare, because a 

financial aid office that learned of overborrowing by a federal aid recipient likely would 

counsel the student to cancel the excess portion of the PSL. Most PSL lenders allow 

cancellation (partial prepayment) without interest or penalty for a period of time after 

disbursement. Even if federal aid recapture is purely a theoretical risk, the effect of 

borrowing substantially more than is needed for a particular degree can be quite severe, 

as demonstrated in the default rates for DTC loans (see text at Note 51).

12 20 USC §1078-8 (d)(3)(B).

13 20 USC §1078-8.

14 Federal loan limitations have changed frequently in the past decade, as set forth in the 

following table:
111 PRIVATE STUDENT LOANS

 

DATES ANNUAL LIMIT LOAN PROGRAM AUTHORIZING STATUTE

January 1, 1987 to June 30, 2007 $2,625- First-Year Borrowers Dependent Undergraduate 

Subsidized Stafford

1986 HEA Amendments (P.L. 

99-498)

October 1, 1993 to June 30, 2007 $3,500- Second Year

$5,500- Third or more

Dependent Undergraduate 

Subsidized Stafford

1992 HEA Amendments (P.L. 

102-325)

October 1, 1993 to Present COA minus EFA Federal PLUS (Parent)

July 1, 1994 to June 30, 2007

$6,625- First Year

$7,500- Second Year

$10,500- Third or more

Independent Undergraduate Total 

(Sub. & Unsub.) Stafford

$8,500- Subsidized Grad Graduate Subsidized Stafford

July 1, 1994 to June 30, 2012 $18,500-Total Grad Graduate Total Stafford

July 1, 2007 through Present $3,500- First Year

$4,500- Second Year

$5,500- Third or more

Dependent Undergraduate 

Subsidized Stafford

Higher Education Reconciliation 

Act of 2005 (P.L. 109-171)

COA minus EFA Graduate PLUS Loans

July 1, 2007 through June 30, 

2012

$8,500 Subsidized Grad

$20,500- Total Grad

Graduate Stafford

July 1, 2007 through June 30, 

2008

$7,500- First Year

$8,500- Second Year

$10,500- Third or more

Independent Undergraduate Total 

Stafford

July 1, 2008 through Present $9,500- First Year

$10,500- Second Year

$12,500- Third or more

Independent Undergraduate Total 

Stafford Ensuring Continued Access to 

Student Loans Act of 2008 (P.L. 

110-227)

July 1, 2012 through Present N.A.- Subsidized Grad

$20,500- Unsub Grad

Unsubsidized Graduate PLUS 

Loan

Budget Control Act of 2011

(P.L. 112-25)

15 20 U.S.C. § 1078(b), (c). The guarantees were issued by state guaranty agencies, but 

reinsured by the Department.

1620 USC §1087-1.
112 PRIVATE STUDENT LOANS

 

1720 USC §1085(d)(3).

18 The situation changed with the enactment of the Higher Education Opportunity Act of 

2008. That Act imposed code of conduct requirements on schools that prohibit cozy 

relationships with lenders, as well as imposing stringent requirements on any school who 

wishes to recommend a private lender. See section 487(e)(5) of the Higher Education Act 

(20 USC § 1094(e)(5)). Disclosure and process rules for adopting a “preferred lender 

arrangement” are now required under sections 152 and 153 of the Act (20 USC § 1019a & 

1019b). Technically speaking, PSLs and FFELP referrals could never be explicitly tied in 

together. The HEOA amendments imposed procedures and disclosures to assure that 

implied quid pro quo relationships are prohibited.

19 The ELM Resources platform, originally created by a consortium of lenders and schools, 

supported both Stafford and PSLs. www.elmresources.com/ourstory

20 The PSL industry even generated its own private version of the federal loan guaranty, 

the non-profit private student loan guaranty company. For example, in 1985 the 

Massachusetts loan guaranty agency, now known as American Student Assistance, and 

several Massachusetts schools, formed a non-profit known as The Education Resources 

Institute, Inc. (“TERI”). TERI offered to provide private credit enhancement to banks that 

would make loans to students to attend approved schools. TERI dictated the underwriting 

criteria and eventually went into the loan origination business for loans it guaranteed. In its 

heyday, TERI guaranteed over $16 billion in PSLs. TERI Form 1099 (June 30, 2007). TERI 

filed a petition under Chapter 11 of the U.S. Bankruptcy Code in April 2008 and has since 

returned to its original mission of providing college access counseling. 

21 PLUS Parent loans have obvious and significant differences as compared to Stafford 

loans. PLUS loans are loans to parents, not students. They do not require a FAFSA. They 

require evidence of creditworthiness. They do not have repayment modification rights. 

22 20 U.S.C. § 1078(b)(1)(M), 1078-8(e).

23 There are minor proxies for ability to repay. The student cannot have an unresolved 

defaulted student loan, 20 U.S.C. §1091(a)(3). If a school’s “cohort default rate,” meaning 

the rate at which students in each group going into repayment on Stafford loans default 

within the first two years, exceeds statutory levels, the school will not be able to participate 

in Title IV. The threshold is very high at 25% average default over 3 successive years and 

40% in any one year. The measurement will soon change to three-year default rate and the 

percentage thresholds will also change. 20 U.S.C. §1085(a)(2)

24 Sample Lender qualitative responses.
113 PRIVATE STUDENT LOANS

 

25 The exceptions to this statement are rates offered by state-affiliated lenders, who offer a 

single, fixed rate. These lenders are discussed at the end of Part One.

26 The 3.4% fixed rate is limited to one lender and varies greatly from the best rate for all 

others. It may reflect pricing based on a larger banking relationship with the co-signer.

27 20 USC § 1078-6(a), 1078-3(a).

28 20 USC § 1078-6(a)(1)(C).

29 Sample Lender qualitative data.

30 Part Three, TILA discussion.

31 Note that 2005 initial rates reflect pricing that is generally lower than that offered today, 

in terms of the margins used to compute variable rates.

32 The College Board, Trends in Student Aid 2011.

33 Most of the lenders in the sample group use deposits and sources of funds typical for 

depository institutions to fund loans. Sallie Mae reports that it remains an active participant 

in the securitization market.

34 Collateralization Ratio - With regard to an Asset-Backed Securitization, collateralization 

ratio is the ratio of trust assets (loans sold to the trust and other cash accounts) to trust 

liabilities (notes sold by the trust). May also be called a Parity Ratio, see Glossary.

35 One rating agency explained in 2006: “Although most PSL ABS transactions have a 

parity ratio of 100% at closing, some transactions may have less. This situation can occur 

when securitization proceeds are used to cover transaction costs or when the loan 

collateral is acquired at a premium. A transaction parity ratio of less than 100% at closing is 

permitted as parity ratios or overcollateralization can be built up through: (1) excess 

spread, which typically is high for PSL collateral (see Excess Spread section), and (2) the 

inclusion of a “lock out” period for subordinate note principal payments (see Step-Down 

Date section for further details).” Available at 

http://www.dbrs.com/research/207890/rating-u-s-private-student-loan-transactions.pdf

To the extent a trust is undercollateralized, an issuer may be able to extract cash from the 

transaction immediately. The following table illustrates one issuer’s use of this technique. 

To the extent net bond proceeds exceed loans purchased and pledged the issuer can take 

out cash. Additional credit enhancement features include features such as a loan level 

guarantee provided by a non-profit (e.g. – TERI, see Note 20) or bond-level or portfolio 

wrap insurance (supplied by firms like MBIA, Ambac, Assured Guaranty). Credit 
114 PRIVATE STUDENT LOANS

 

enhancement allowed issuers to execute deals that varied in their levels of 

undercollateralization as of the time of issuance. For example, the parity ratio at issuance 

for National Collegiate Student Loan Trust 2007-4 was 98.3%, meaning that the assets 

pledged to the trust estate were less than the amount of notes issued by the trust estate or 

the trust was undercollateralized by 1.7%. Because of the deferred payment nature of a 

large percentage of PSL’s, this trust estate required a $351 million reserve account which 

was essentially funds borrowed by the issuance of notes to be able to pay interest on the 

notes while the underlying PSL’s were not generating sufficient cash flow. However, PSL’s 

accrue interest while in deferment, so parity ratios would continue to move towards 

overcollateralization fairly quickly. 

36 Theoretically, the rating agencies who evaluated SLABS would have served to police 

quality issues and align the incentives of investors and issuers. That alignment appears, in 

retrospect, to have been imprecise.

37 During the week of July 10, 2007, S&P, Moody’s, and Fitch announced a series of 

downgrades on approximately $5B in subprime MBS, and placed a series of CDO tranches 

on negative credit watch. Report of Financial Crisis Inquiry Commission (“FCICR”), page 

242 available at http://www.gpo.gov/fdsys/pkg/GPO-FCIC/pdf/GPO-FCIC.pdf.This, along 

with rising defaults on the underlying subprime mortgages, triggered the closing of the 

ABCP market in August 2007. Report of Financial Crisis Inquiry Commission, page 251-2. 

These factors combined to close the ABS markets after July of 2007, as seen in Figure 5.

38 The College Board, Trends in Student Aid 2011, p. 10

39 FCICR, p. 27 – 28.

40 Sources:

NCSLT 

Issuance

Amount of Bonds 

Issued

Loans pledged to 

trust

Parity Ratio 

at Issue

Loans 

Acquired to 

Notes Issued

2004-1 $715,100,000 $572,261,755 98.3% 80.0%

2005-1 $951,500,000 $715,255,787 98.7% 75.2%

2006-1 $900,697,000 $748,421,240 98.5% 83.1%

2007-1 $1,125,300,000 $780,178,586 95.6% 69.3%

Source: National Collegiate Student Loan Trust Prospectus Supplements
115 PRIVATE STUDENT LOANS

 

Moody’s Investors Service “2004 Review and 2005 Outlook: Student Loan-Backed 

Securities Another Record Breaking Year” January 11, 2005. Page 3

Moody’s Investors Service 2005 Review and 2006 Outlook: U.S. Student Loan-Backed 

Securities” January 16, 2006. Page 5.

Moody’s Investors Service 2005 Review and 2006 Outlook: U.S. Student Loan-Backed 

Securities” January 16, 2006. Page 5.

Moody’s Investors Service 2009 Review and 2010 Outlook: U.S. Student Loan-Backed 

Securities” January 28, 2010. Page 3.

Moody’s Investor’s Service “Private Student Loan ABS: 2011 Outlook and 2010 Review” 

December 7, 2010, Page 8

Moody’s Investors Service “US Private Student Loan Securitizations:2012 Outlook” 

December 14th, 2011, Page 1.

41 The Term Asset Backed Securities Loan Facility (“TALF”) was created by the Federal 

Reserve in November 2008 to support the provision of consumer credit by providing 

liquidity to the asset backed securities market. The red shaded transaction volume in 

Figure 5 is government-assisted. 

42 Sample Lender Data – qualitative responses.

43 Sample Lender Data – qualitative responses.

44 The proportion of undergraduate educational loans that were school certified increased 

from 68% in 2008 to 92% in 2009. The proportion of graduate loans that were school 

certified increased from 52% in 2008 to 84% in 2009. The proportion of medical school

loans that were school certified increased from 57% in 2008 to 92% in 2009. The 

proportion of law school loans that were school certified increased from 61% in 2008 to 

91% in 2009.

45 Please note that total cost of attendance includes tuition and fees, room and board, 

books, and transportation and therefore exceeds the cost of tuition and fees alone. 

Because the loan level data does not specify whether a student lives on campus, off 

campus, or with family, total cost of attendance cannot be determined for individual 

students. When the ratios are calculated as if all students lived on campus and room and 

board costs are added to tuition and fees the ratios are smaller, by necessity, but the 

overall pattern over time and across channels is similar to that presented in Figure 7A. 

Also note that because borrowers cannot be linked across lenders in the loan-level data,

these values represent within-lender loan amounts relative to tuition and fees and do not 
116 PRIVATE STUDENT LOANS

 

account for amounts individuals borrowed in an academic year across multiple lenders. 

Therefore, the amounts used in the computations may actually understate the ratio of loan 

amounts to tuition and fees. 

46 The College Board, Trends in Student Aid 2005 – 2011.

47 Many lenders would base the FICO decision on the highest of available FICOs where 

multiple applicants had FICO scores. Within the Sample Lender loan level data, 95.9% of 

all educational loans considered at least one FICO score in the underwriting process.

48 When the Federal Reserve created the TALF program to encourage the return of ABS as 

a funding vehicle, the private student loan ABS market rebounded in 2009 with $10.3 

billion in total issuance (54% of which was attributable to Sallie Mae, 19% to Student Loan 

Corporation and the remainder to a variety of state agencies and non-profits). Sallie Mae 

and Student Loan Corporation completed $7.4 billion of this issuance in 5 TALF-eligible 

transactions. Sallie Mae accounted for 4 deals for with a total value of $6 billion and 

Student Loan Corporation accounted for 1 deal worth $1.4 billion. In 2010, dollar volumes 

fell as issuers only sold $7.6B in ABS backed by private student loans. TALF-eligible 

volumes were only $2.2 billion in 2010. TALF ended in June 2010.

49 The reasons involve both accounting rules and transaction economics:

On the accounting side, Sallie Mae reported in its 2011 Form 10-K, p. F-9, “On January 1, 

2010, we adopted the new consolidation accounting guidance. Under the new 

consolidation accounting guidance, if an entity has a variable interest in a VIE and that 

entity is determined to be the primary beneficiary of the VIE then that entity will 

consolidate the VIE. As it relates to our securitized assets, we are the servicer of the 

securitized assets and own the Residual Interest of the securitization trusts. As a result, we 

are the primary beneficiary of our securitization trusts and consolidated those trusts that 

were previously off-balance sheet at their historical cost basis on January 1, 2010. The 

historical cost basis is the basis that would exist if these securitization trusts had remained 

on-balance sheet since they settled. The new guidance did not change the accounting of 

any other VIEs in which we had a variable interest as of January 1, 2010.” Effective 2010, 

FASB guidance on securitization trusts generally eliminated so-called “gain-on-sale” 

accounting treatment of securitizations and mandated consolidation of securitization 

trusts. This eliminated securitization as a source of GAAP profitability and hence capital for 

lenders.

On the structure side, the transaction economics of issuers have shifted over time as the 

structural components of private SLABS transactions have been dictated by credit rating 

agency stress cases and investors. This change is evidenced by the percentage of initial 

overcollateralization of the following select Sallie Mae private SLABS deals from 2005 to 

2012. During the 2005-2007 timeframe, it was common for Sallie Mae’s private SLABS 
117 PRIVATE STUDENT LOANS

 

trusts to require very little asset value to be contributed in excess of the liabilities (notes) 

issued by the trust estate. This meant that Sallie Mae could sell loans to a trust for almost 

100% of its funding cost, and recover the balance in subsequent trust payments very 

quickly. This has changed significantly after the credit crisis. For example, post-TALF 

transactions have required almost 30% more assets than liabilities for issuance. For every 

$100 in loans sold to a trust, Sallie Mae initially receives $70. See Note 35 for NCLST 

issuance metrics.

50 Moody’s Investors Service noted the expected difference in the credit performance of 

these loans in their report Direct-To-Consumer Student Loans: Higher Risk (August 11, 

2009) Moody’s states, “DTC loans typically do not have the safeguards inherent in school 

channel loans that mitigate the risks borrowed funds will not be used for education or that 

students will take on excessive or unnecessarily expensive debt.” At that time Moody’s 

estimated the expected lifetime default rate for First Marblehead DTC loans to be 2.9 

times the rate for school channel loans. Indeed, at its 2012 ASF presentation, First 

Marblehead estimated that loans in its legacy portfolio in its best credit segment would 

default at a lifetime rate of 10.4% while its lowest credit quality loans (predominantly DTC) 

would default at a lifetime rate of 52.3%. See First Marblehead ASF 2012 Presentation 

(Jan. 25, 2012) available at 

http://edg1.vcall.com/irwebsites/firstmarblehead/ASF_Investor%20Presentation_FINAL.p

df. This worst class of loans makes up 47% of the total FMD securitization portfolio.

51 For example, we reviewed ratings listings published by Moody’s as of June 6, 2012 for 

one of the largest issuers. From the 78 bond classes issued between 2004 and 2007 under 

the National Collegiate Student Loan Trust label, only 19 retained an investment grade, 

and all had been downgraded. 

52 The mix of payment options used by borrowers has also shifted. In 2005, most loans 

were fully deferred, like federal Stafford loans. After the crisis, Sample Lenders reported 

incenting borrowers through pricing and underwriting to make some payments during 

school, either payment of accrued interest or a nominal payment of as little as $25. 

Overcollateralization

SLM ABS Transaction at time of Issuance

2005-A 0.5%

2006-A 0.5%

2007-A 0.5%

2010-A 31.7%

2011-A 20.7%

2012-A 27.0%

2012-B 25.9%

Source: SLM Private Credit Student Loan Trust Pre-Sale Reports

via Moody's Investors Service (note: no reports for 2008-2009)
118 PRIVATE STUDENT LOANS

 

Although throughout the sample period the majority of educational loans were fully 

deferred, Appendix Figure 5 shows that the share of loans that required some payments 

during school increased over the sample period: for undergraduate loans in 2005, 1% of 

loans required partial principal and interest payments during enrollment. By 2011, this 

proportion had increased to 35%. Also, while partial repayment was not observed for 

graduate and professional school in 2005, partial repayment loans are observed starting in 

2007 for graduate, law, and medical loans and in 2008 for certificate/continuing education 

loans. 

53 Sample Lender Data qualitative responses.

54 For more information, see Report of the U.S. Senate Committee on Health, Education, 

Labor, and Pensions (HELP) (June 14, 2007), available at 

http://www.eric.ed.gov/PDFS/ED497127.pdf,the New York State Office of the Attorney 

General http://www.ag.ny.gov/consumer-frauds/student-lending and a letter from the 

Iowa Attorney General to the Governor, dated September 19, 2008, available at 

http://www.state.ia.us/government/ag/latest_news/releases/oct_2008/9-25-08.pdf

55 Subsections 487(a)(27) and 487(h) impose both process and disclosure requirements. 

20 USC § 1094(a)(27), (h). Subsection 152(a)(1)(A)(ii) requires the school to give the same 

loan application and solicitation disclosure that a lender must give to a prospective 

borrower. 20 USC § 1019a(a)(1)(A)(ii). The latter is highly complex and changes whenever 

the lender changes a program or a rate.

56 In a recent survey, one third of financial aid administrators stated they had not looked at 

any information about PSLs in the last year. National Association of Student Financial Aid 

Administrators & Consumer Bankers Association Private Education Loans and the 

Perspectives of Student Financial Aid Administrators: A 2012 Survey.

57 The key definition is in section 140 of the Truth-in-Lending Act, 15 USC §1650, which is 

incorporated by reference in section 151 (9) of the HEA, 20 USC §1019(9). 

58 See Part Three, TILA discussion.

59

Private Student Loan Non-Profit ABS Issuance Volume ($ in mm’s)

Issuance

2006 2007 2008 2009 2010 2011 Total Issuance

1.8 1.1 0.9 1.4 2.0 0.9 8.1
119 PRIVATE STUDENT LOANS

 

60 See above.

61 These are technically not the “private education loan” that is the topic of this Report. See 

Note 1.

62 Sallie Mae, Form 10-K 2008 p. 8. “At the beginning of 2008, we announced the 

discontinuation of non-traditional lending.”

See also, Alejandro Lazo, Sallie Mae Forecasts Surge in Defaults, Washington Post (Jan 

23,2009) available at http://www.washingtonpost.com/wpdyn/content/article/2009/01/22/AR2009012203631_pf.html

63 Sample Lender qualitative responses. 

64 Charge-off rates on Sallie Mae’s “non-traditional” PSL portfolio range from 7.1% (with cosigner) to 11.6% (without co-signer) compared to traditional loss rates of 1.4% and 3.9%, 

respectively. Sallie Mae, 1

st Quarter 2012 Earnings Presentation, p. 18, available at 

https://www1.salliemae.com/NR/rdonlyres/50F355EE-8FA7-49FA-AABFD4A4B507A89C/16002/Q112EarningsPresentationvFinal.pdf

65 For example, Corinthian Colleges (COCO) reported on page 45 of its Form 10-K 2011 

the creation of a $450 million “discount loan” program under which the for-profit school 

provides credit support for the lender by rebating (or discounting) a portion of PSL loan 

proceeds back to the lender. COCO also reported it is liable to purchase PSLs that 

become 90 days past due. 

66 ITT reported such a program, dubbed PEAKS, in its Form 10-K 2011, pages 48 and 49.

67 See Thomson StreetEvents. Final Transcript: COCO – Q4 2009 Corinthian Colleges 

Earnings Conference Call. August 25, 2009. Page 9.

68 First professional degrees may be awarded in the following 10 fields: chiropractic (D.C. 

or D.C.M.), dentistry (D.D.S. or D.M.D), law (L.L.B or J.D.), medicine (M.D.), optometry 

(O.D.), osteopathic medicine (D.O.), pharmacy, (Pharm.D.), podiatry (D.P.M., D.P., or 

Pod.D.), theology (M.Div., M.H.L., B.D., or Ordination), and veterinary medicine (D.V.M).

69 See Tables 2 and 4.

70 See Table 3.

71 See Table 4, The proportion of students with loans who have a federal loan can be 

calculated by summing the proportions of students who have federal loans only and 

121 PRIVATE STUDENT LOANS

 

88 For students age 19-23: t=4.7 for the test of equality of means with students age 18 or 

younger, t=2.2 for the test of equality of means with students age 30-39, t=8.2 for the test 

of equality of means with students age 40 or older. For students age 24-29, the analogous 

t-statistics are 4.2, 1.7, and 6.6. For a test of equality of means between students age 19-23 

and students age 24=29, t=0.8.

89For African-American undergraduates, t=5.4 for the test of equality of means with white 

students, t=6.4 for the test of equality of means with Hispanic/Latino students, t=13.3 for 

the test of equality of means with Asian students, t=5.3 for the test of equality of means 

with students of other races.

90For Asian undergraduates, t=-13.0 for the test of equality of means with white students, 

t=-13.2 for the test of equality of means with African-American students, t=-7.6 for the test 

of equality of means with Hispanic/Latino students, t=-6.2 for the test of equality of means 

with other students.

91 t=3.3.

92 t=2.8.

93 t=3.9.

94 t=-13.5.

95 For students whose parents’ highest level of education is a post-graduate degree: t=-

10.4 for a test of equality of means with students whose parents’ highest level of education 

is high school or less, t=-7.0 for a test of equality of means with students whose parents’ 

highest level of education is college attendance with no degree attained, t=-8.3 for a test 

of equality of means with students whose parents highest level of education is an 

associate’s degree or vocational training, and t=-5.4 for a test of equality of means with 

students whose highest level of education is a bachelor’s degree. For students whose 

parents’ highest level of education is a bachelor’s degree: t=-4.0 for a test of equality of 

means with students whose parents’ highest level of education is an associate’s degree or 

vocational training, t=-3.1 for a test of equality of means with students whose parents 

highest level of education is college attendance with no degree attained, and t=-4.3 for a 

test of equality of means with students whose parents highest level of education is high 

school or less.

96 We test for equality of means by pairwise comparison of means of groups. t=-1.3 for the 

test of equality of means between students with whose parents have a high school degree 

or less with students whose parents attended college but have no degree, t=-1.0 for the 

test of equality of means between students whose parents have a high school degree or 

less with students whose parents have an associate’s degree or vocational training, t=1.57 
122 PRIVATE STUDENT LOANS

 

for a test of equality of means for students whose parents have a high school degree or 

less to those whose parents have a bachelor’s degree, t=0.4 for a test of equality of means 

between students whose parents have a high school education or less to those whose 

parents have post-graduate degrees. For students whose parents have attended college 

degree, t=0.3 for a test of equality of means with students whose parents have an 

associate’s degree or vocational training, t=0.3 for a test of equality of means with students 

whose parents have bachelor’s degrees, and t=0.9 for a test of equality of means for 

students whose parents have post-graduate degrees. For students whose parents have 

associate’s degrees or vocational training, t=0 for a test of equality of means with 

students whose parents have bachelor’s degrees and t=0.6 for a test of equality of means 

for students whose parents have post-graduate degrees. For students whose parents have 

bachelor’s degrees, t=0.8 for a test of equality of means with students whose parents have 

bachelor’s degrees. 

97 For students whose parents highest level of education is high school or less: t=1.2 for 

the test of equality of means with the students whose parents highest level of education is 

college attendance with no degree, and t=-0.8 for the test of equality of means with 

students whose highest level of education is an associate’s degree or vocational training.

98 t=-3.0.

99 t=3.3.

100 t=1.2.

101 For students whose parents’ highest level of education is a bachelor’s degree: t=-4.3 

for a test of equality of means with students whose parents’ highest level of education is 

high school or less, t=-3.1 for a test of equality of means with students whose parents’ 

highest level of education is college attendance with no degree attained, and t=-4.0 for a 

test of equality of means with students whose parents highest level of education is an 

associate’s degree or vocational training.

102 We test for equality of means by pairwise comparisons of means by group. For students 

whose families have income in the first quartile, t=-3.6 for a test of equality of means with 

students with family income in the second quartile, t=-2.9 for a test of equality of means 

with students with family income in the second quartile, and t=5.6 for a test of equality of 

means with students with family income in the fourth quartile. For students with whose 

families have incomes in the second quartile, t=0.9 for a test of equality of means with 

students with family income in the third quartile and t=9.0 for a test of equality of means 

with students with family income in the fourth quartile. For students with family income in 

the third quartile, a t=8.6 for a test of equality of means with students with family income in 

the fourth quartile.
123 PRIVATE STUDENT LOANS

 

103 For the test of equality of mean PSL usage between private two-year for-profit 

institutions and two-year public institutions, t=12.6 and for the test of equality of means 

between private two-year for-profit institutions and two-year private not-for-profit 

institutions t=5.2.

104 For the test of equality of mean PSL usage between private four-year for-profit 

institutions and four-year public institutions, t=16.3 and for the test of equality of means 

between private four-year for-profit institutions and four-year private not-for-profit 

institutions t=10.7.

105 t=3.0.

106 These percentages are computed by dividing the point-estimate of the proportion of 

students with both non-private and private loans by the sum of the proportion of students 

with private and non-private loans and the proportion of students with private loans only in 

the appropriate institution sector category.

107 t=28.3.

108 Obtained by dividing the sum of the proportion of students with PSL only and the 

proportion of students with PSL and non-private loans by the sum of the proportion of 

students with PSL only, the proportion of students with PSL and non-private loans, and the 

proportion of students with non-private loans only.

109 t=26.8.

110 This does not differ significantly from the proportion who use PSLs among students in 

bachelor’s degree programs: t=1.7.

111 t=15.8.

112 t=3.5.

113 t=5.3.

114 t=4.2.

115 t=5.9.

116 t=5.9.

117 t=6.1.
124 PRIVATE STUDENT LOANS

 

118 Tabulations from NPSAS:08 using the following variables: PRIVPACK, TOTGRT, 

PAREDUC, INATHAMT, TOTWKST and OTHTYPE.

119 The proportion of students with non-private loans only who have grants is 5.3 

percentage points higher than the proportion of students with a combination of nonprivate and private loans (t=5.1).

120 The difference in mean grant amounts for students with non-private loans only and 

students with a both non-private loans and private loans is $48, which is not statistically 

significant (t=0.3).

121 There is a 1.1 percentage point difference in work study participation between the 

proportion of students who have a combination of non-private and private loans and 

students with non-private loans only, but this difference is not statistically significant at the 

95% confidence level (t=1.68).

122 This is obtained by dividing the percentage of students who filed a FAFSA but did not 

receive a Stafford loan (10.9%) by the total percentage of students who filed a FAFSA 

(100% – 12.2%). 12.4% = 10.9%/88.8%.

123 Obtained by summing the percentage of PSL borrowers who obtained a Stafford loan 

and received less than the maximum amount (31.4%) with the percentage who applied for 

but did not receive a Stafford loan (10.9%) with the percentage who did not apply for a 

Stafford (12.2%).

124 For individuals who started at public 4-year schools: t=2.8 for the test of equality of 

means with individuals who started at private for-profit 4 year institutions, t=3.0 for the test 

of equality of means with individuals who started at public 2-year institutions, t=3.2 for the 

test of equality of means with individuals who started at private not-for-profit 2 year 

schools, t=6.3 for the test of equality of means with individuals who started at private-forprofit two-year schools, and t=9.7 for the test of equality of means with individuals who 

started at private-for-profit less than two-year schools. For individuals who started at 

private not-for-profit 4-year schools: t=3.4 for the test of equality of means with individuals 

who started at private for-profit 4 year institutions, t=4.3 for the test of equality of means 

with individuals who started at public 2-year institutions, t=3.7 for the test of equality of 

means with individuals who started at private not-for-profit 2 year schools, t=7.5 for the 

test of equality of means with individuals who started at private-for-profit two-year schools, 

and t=9.7 for the test of equality of means with individuals who started at private-for-profit 

less than two-year schools.

125 t=1.8.
125 PRIVATE STUDENT LOANS

 

126 Computed from BPS:04/09 using variables PROUT6, RPYAMT09, and LNTY09B, 

restricted to PSL borrowers.

127 t=3.0.

128 t=4.1.

129 t=3.2.

130 For the test of equality of means for bachelor’s degree recipients and certificate 

recipients, t=3.7 and for the test of equality of means for bachelor’s degree recipients and 

those who left without a degree t=5.4.

131 For the test of equality of means for associate’s degree recipients and certificate 

recipients, t=2.1 and for the test of equality of means for associate’s degree recipients and 

those who left without a degree t=2.5.

132 t=0.5.

133 See Figures 8, 9, 16, and 17.

134 Private (Non-Guaranteed) Student Loan Defaults: Stable at High Levels in 2012,

Moody’s Student Loan Scholar, March 19, 2012, at p. 5.

135 See Table 15.

136 See First Marblehead presentation in Note 50.

137 This discussion is limited to repayment mitigation plans where the borrower has 

economic hardship from underemployment and unemployment. All for-profit lenders offer 

some form of extended deferment for returning to school or for active duty military 

service.

138 Income based repayment (IBR) ties a borrower’s payment to their income and family 

size, Income contingent repayment (ICR) is similar to IBR except that it provides an option 

to caps payment at 20% of monthly discretionary income and allows for capitalization of 

interest of up to 10% of the original principal. Direct loans also offer public service loan 

forgiveness, which forgives the balance on the loan after 120 on-time monthly payments 

while employed full time by certain public service employers. 

139 For many, this was based on the TERI guarantor servicing rules. See Note 20.
126 PRIVATE STUDENT LOANS

 

140 The prudential regulatory pressure on forbearance policies is enshrined in CBNE Policy 

Guidance 2010-02, issued by the OCC in August 2010. It specifically criticizes banks who 

offered FFELP-like forbearance programs. Consistent with this guidance, OCC-regulated 

banks now report offering forbearance only for one or two month duration, requiring 

extended continuous, timely payments before another forbearance will be considered.

141 In their qualitative responses, Sample Lenders show uniform adoption of this policy, 

consistent with regulatory guidance interpreting FFIEC accounting rules. CBNE Policy 

Guidance 2010-02 issued by the OCC in August 2010.

142 These trusts originally totaled $10.8 billion . These trusts also include the so-called 

“modified graduated repayment system,” which allows up to a year of payments at $50 

and a further year of interest-only payments. Source: Sample Lender qualitative data. 

143 See the OCC interpretation of FFIECC accounting rules at Note 140. 

144 See Note 140. Sample Lender qualitative responses did not address treatment of cosigners with regard to the new practice of one month at a time forbearance.

145 Principal write downs might be permitted by accounting rules for portfolio lenders. 

Securitization trustees likely would not have that discretion.

146 That term is defined in section 1002(14) of Dodd-Frank and generally refers to laws 

with respect to which the CFPB has rulemaking authority.

147 15 USC § 1640 et. seq.

148 15 USC § 1691 et. seq.

149 15 USC § 1681 et. seq.

150 15 USC § 1601 et. seq.

151 15 USC § 41 et. seq.

152 Title X of Dodd-Frank.

153 12 C.F.R.§ 1026.17.

154 12 C.F.R. § 1026.46 & 1026.47.

155 12 C.F.R. § 1026.46 & 1026.47.
127 PRIVATE STUDENT LOANS

 

156 12 C.F.R. § 1026.48(e).

157 On July, 21, 2011, upon transfer of authority to the CFPB.

158 Some forms of servicing, i.e., of loans that are “obtained” when they are not in default 

are not technically subject to FDCPA. 15 USC § 1692a(6)(F)(iii). The CFPB’s consideration 

of student loan servicing complaints is not limited to behaviors specifically proscribed by 

FDCPA.

159 Moody’s Investors Service, Direct-To-Consumer Student Loans: Higher Risk, August 11, 

2009.

160 See Figure 6 and Figure 7A

161 Stafford loans and PSLs are both non-dischargeable in bankruptcy in almost all cases. 

11 U.S.C. § 523(a) (8). Discharge is possible in the case of “undue hardship to the debtor 

and his dependents.”

This standard is very difficult to meet. Brunner v. New York State Higher Educ. Servs. Corp., 

831 F. 2d 395 (2d Cir. 1987)

162 P. L. 98–353, (July 10, 1984).

163 See Note 20.

164 For example, SLC, a Citibank affiliate, Key Bank and Bank of America, all made PSLs 

prior to 2005, frequently without using a non-profit guarantor. 

165 11 U.S.C.§ 523(a)(8).

166 Brunner v. New York State Higher Educ. Servs. Corp., 831 F. 2d 395 (2d Cir. 1987).

167 See Table 16.

168 The table shows bankruptcy status at a point in time as a percentage of total loans 

outstanding at a point in time. In the Sample Lender Portfolio data, bankruptcy status of a 

particular borrower changes over time, just as total portfolio size changes over time. 

Chapter 7 proceedings generally take less than a year. Chapter 13 proceedings can take 

up to five years. Therefore, the total loans that have been in bankruptcy out of the Sample 

Lender Portfolio is more than the 1.3% in that status at the end of 2011, but less than an 

arithmetic sum of all of the percentages shown for all the years in the table (i.e., less than 

5.6%). 

169 The following table shows the spike in bankruptcy that coincided with the effective 
128 PRIVATE STUDENT LOANS

 

date of the bankruptcy law changes of October 17, 2005.

Source: Sample Lender data

170 From the Sample Lender data, between 2Q05 and 4Q06 the underlying index 

increased by 222 bps while the mean interest rate in our sample rose by 303 bps.

171 Many of the Sample Lenders did in fact use the TERI guaranty during the period in 

question. See Note 20 re: TERI.

172 Impact of the Bankruptcy Exception for Private Student Loans or Private Student Loan 

Availability, Finaid.org, August 14, 2007.

173 See Figure 8

174 For example, TERI has a 25-year history of filing rates and recoveries on nondischargeable PSLs. TERI’s data on post-filing recoveries is a proxy for additional losses 

that would flow from a reversion to pre-2005 law.

175 Moody’s, Moody’s Weekly Credit Outlook, (April 2, 2012) p. 22-23

176 Moody’s, Moody’s Weekly Credit Outlook, (April 2, 2012) p. 22-23

177 Moody’s, Moody’s Weekly Credit Outlook, (April 2, 2012) p. 22-23

178 H. Rept. 95-595 at 133 (1977).

179 H.R. Rep. No. 95-595 (1977), reprinted in 1978 U.S.C.C.A.N. 5963, 6424.

180 See above.

181 Guaranteed Student Loan Program Bankruptcies (GAO-HRD-77-83, April 1977).

Q3	05 Q4	05 Q1	06 Q2	06 Q3	06 Q4	06

120+	Days	Past	Due 									301.3 									241.9 						225.5 						308.1 						346.8 						542.1

Loans	in	Bankruptcy 											98.9 									241.2 						173.9 						127.6 						139.3 						154.9

Bankrupt	as	a	%	of	120+	dpd 32.8% 99.7% 77.1% 41.4% 40.2% 28.6%

Bankrupt	Loans	as	a	%	of	120+	days	past	due	loans	($	in	MM's)
129 PRIVATE STUDENT LOANS

 

182 “Discharge, Exceptions to Discharge, and Objections to Discharge,” p. 120, National 

Bankruptcy Review Commission available at: 

http://govinfo.library.unt.edu/nbrc/report/07consum.html

183 See above.

184 Arguably, if Congress finds that the current policy of non-dischargeability of PSLs for 

pre-creditworthy students creates more harm than benefit for students, then certainly the 

policy of non-dischargeability for loans with creditworthy co-signers would create more 

harm than benefit for consumers. 

185 11 U.S.C. §707(b).

186 11 USC § 707(b)(3)(A).

187 11 U.S.C. §1328(a). 

188 11 U.S.C. §1328(b). 

189 11 U.S.C. §1325(b).

190 11 U.S.C. §707(a)(4). 

191 Education Amendments of 1976, P.L. 94-482, § 127(a), 90 Stat. 2141 (effective 

September 30, 1977).

192 Higher Education Act Amendments of 1998, P.L. 105-244 §971 (1998).

193 See Association of Accredited Cosmetology v. Alexander, 979 F.2d 859, 860 

(D.C.Cir.1992); see also “Abuses in Federal Student Aid Programs,” Report by the 

Permanent Subcommittee on Government Affairs, S. Rep. 102–58 (1991). 

194 The ECOA prohibits discrimination because of race, color, religion, national origin, sex, 

marital status, age (if the applicant is old enough to enter into a contract), receipt of 

income from any public assistance program, or the exercise in good faith of a right under 

the Consumer Credit Protection Act. See 15 U.S.C. § 1691(a)(1). 

195 See 12 C.F.R. pt. 1002, Supp. I, § 1002.6, ¶ 6(a)-2. 

196 In the Attorney General’s 2011 Annual Report to Congress pursuant to the ECOA 

Amendments of 1976, the Department of Justice reported that the FDIC had referred a 

matter on student loan pricing discrimination. As of the date of the 2011 Annual Report, 
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the Department of Justice was investigating this matter. See U.S. Dept. of Justice Annual 

Report to Congress Pursuant to the Equal Credit Opportunity Act, at 15 and 18 (2012). 

197 In 2007, a class-action lawsuit was filed against Sallie Mae, the largest private education 

lender in the country, alleging discrimination based on the use of CDR in setting eligibility 

cutoffs, as well as underwriting and pricing student loans. See Rodriguez et al v. Sallie 

Mae, Inc. and SLM Corporation, D.Conn., Case No. 3:07-cv-01866-WWE. The public 

docket in that case indicates that the matter settled. 

198 Most Sample Lenders also report reliance on other nominal criteria such as requiring 

that a school be Title IV eligible, be located in the United States or Canada, and have had 

no sanctions imposed by the Department related to financial, administrative, or loan 

performance reasons. Some Sample Lenders report an attempt to mitigate the effect of 

CDR cutoffs by excepting Historically Black Colleges and Universities. 

199 An analysis of other institution-specific criteria such as graduation rate is beyond the 

scope of this Report; however, we did analyze the correlation of CDR to graduation rate 

and found the two variables to be highly correlated to each other. Accordingly, setting 

eligibility cutoffs based on graduation rate may present similar concerns to setting cutoffs 

based on CDR.

200 12 U.S.C. § 2801, et seq.

201 See Regulation B, 12 C.F.R. §§ 1002.5 and 1002.13.

202 The ability to obtain such data may be spread across multiple federal regulators to the 

extent that some student lenders are not subject to direct exclusive examination by the 

Bureau, if they have less than ten billion dollars in assets.

203 To analyze the relationship between CDR and schools’ racial and ethnic demographics 

we studied 2007, 2008, and 2009 IPEDS data on school characteristics and enrollment, 

including statistics on race and ethnicity, with the Department’s official CDRs from 2007, 

2008, and 2009. Due to the two-year nature of the statistic, 2007, 2008, and 2009 are the 

three most recent CDR datasets available as of the writing of this Report.

204 The Agencies also carried out a regression analysis with CDR as the dependent variable 

and various racial and ethnic demographic categories as the explanatory variables. This 

analysis confirmed the results shown in Table 20. For example, the regression analysis 

showed that for 2009 a 1% increase in CDR corresponded to a 0.6% increase in the 

percentage of African-American students. For 2007 and 2008, a 1% increase in CDR 

produced a 0.7% increase in African-American enrollment. The comparable percentages 

for Hispanics ranged from 0.7% to 0.9% during the period.
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205 Results for the 2006-2007 and 2007-2008 academic years can be reviewed in the Data 

Appendix, see Appendix Figure 6. We tested the 8% cutoff because it is the most common 

CDR cutoff used by Sample Lenders, not because it has any obvious intrinsic predictive 

value.

206 If a group has the same distribution as the overall population of students the odds ratio 

would be “1”; if a group has an odds ratio of “2” it would imply that students in the group 

are twice as likely as students in general to attend a school above the threshold; if a group 

has an odds ratio of “0.5” it would imply that students in the group are half as likely as 

students in general to attend a school above the threshold. 

207 Both the 8% and 12% calculations are statistically significant at the 95% confidence 

level.

208 Results for the 2006-2007 and 2007-2008 academic years can be reviewed in the Data 

Appendix.

209 Source: IPEDS 2007 - 2008 and PEPS. Data are reported for the 50 States, D.C., Puerto 

Rico, and the territories.

210 Source: IPEDS 2007 - 2008 and PEPS. Data are reported for the 50 States, D.C., Puerto 

Rico, and the territories.