EX-99.1 2 cps_abs-ex9901.htm INDEPENDENT ACCOUNTANTS' REPORT

Exhibit 99.1

 

 

 

Independent Accountants’ Report on Applying Agreed-Upon Procedures

 

 

Consumer Portfolio Services, Inc. (the “Company”)

Citigroup Global Markets Inc.

Credit Suisse Securities (USA) LLC

(together, the “Specified Parties”)

 

Re: CPS Auto Receivables Trust 2020-A – Data File Procedures

 

We have performed the procedures described below, which were agreed to by the Specified Parties, on the specified attributes identified by the Company in an electronic data file entitled “bb.Pool_2020A_112919_ Indicative.xlsx,” provided by the Company on December 3, 2019, containing information related to 7,995 automobile retail installment sale contracts (“Receivables”) as of November 29, 2019 (the “Data File”), which we were informed are intended to be included as collateral in the offering by CPS Auto Receivables Trust 2020-A. The Company is responsible for the specified attributes identified by the Company in the Data File. The sufficiency of these procedures is solely the responsibility of the Specified Parties. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose.

 

Unless otherwise indicated, the following definitions have been adopted in presenting our procedures and findings:

 

·The term “compared” means compared to the information shown and found it to be in agreement, unless otherwise noted. Such compared information was deemed to be in agreement if differences were within the materiality threshold.
  
·The term “materiality threshold” means that dollar amounts and percentages were within $1.00 and 0.1%, respectively.
  
·The term “Title Document” means a scanned image of the Certificate of Title, Application for Title, Application for Certificate of Ownership, Dealer Guarantee of Title Delivery, Application for Registration, Application for Dealer Assignment, or Lien Entry Form.
  
·The term “Receivable File” means any file containing some or all of the following documents for each Sample Receivable (defined below): Installment Sale Contract (which includes any related Addendum to the Installment Sale Contract and/or Retail Installment Sale Contract Simple Interest Finance Change letter) (not applicable for direct loans), Federal Truth in Lending Disclosure Statement (within Installment Sale Contract or as a stand-alone document for direct loans), Title Document, Agreement to Provide Insurance Form, Insurance Verification Form, Insurance Verification system screen shot, and/or Credit Application. The Receivable File, provided to us by the Company, was represented to be a scanned image of the original Receivable File. The Receivable File was accessed through the Company’s data imaging system using one of the Company’s computer terminals. We make no representation regarding the validity, enforceability, or authenticity of the information in the Receivable File.

 

 

 

   

 

 

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We performed the following procedures:

 

A.The Company instructed us to select a random sample of 150 Receivables from the Data File (the “Sample Receivables”). A listing of the Sample Receivables is attached hereto as Exhibit A. For purposes of this procedure, the Company did not inform us as to the basis for how they determined the number of Receivables we were instructed to randomly select from the Data File.
  
B.For each Sample Receivable, we performed the procedures listed below using the Receivable File. The absence of any of the Receivable File or the inability to agree the indicated information from the Data File to the Receivable File, utilizing instructions provided by the Company (as applicable) indicated below, for each of the attributes identified constituted an exception. The Receivable File are listed in the order of priority until such attribute was agreed.

 

 

Attribute Receivable File / Company’s Instructions
Obligor’s First Name and Last Name Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement), Credit Application
   
Contract Date Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement)
   
Original Term Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement)
   
Original Amount Financed Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement)
   
Scheduled Monthly Payment Amount Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement).
   
Annual Percentage Rate (“APR”) Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement).
   
Vehicle Type (New or Used) Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement). For purposes of this attribute, the Company instructed to consider an entry of “C” in the Data File to be a Used vehicle.
   
Vehicle Make

Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement).

For Sample Receivable #23, the Make stated in the Installment Sale Contract was “RAM.” The Company instructed us to consider the information to be in agreement if the Make stated in the Data File was “Dodge.”

   
Vehicle Model Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement).

 

The information regarding the Sample Receivables was found to be in agreement with the respective information appearing in the Receivable Files.

 

 

 

 

   

 

 

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C.In addition to the procedures described above, for each Sample Receivable, we observed the presence of the following in the Receivable File:

 

1.Title Document. We were instructed by the Company to observe that the Company’s name appeared on the Title Document as the Lien Holder, Owner, Security Interest Holder, or Secured Party. The Company informed us that “CPS, Inc.,” “CPS,” “Consumer Portfolio Services,” “Consumer Portfolio Services, Inc.,” “Consumer Portfolio Svcs,” “Consumer Portfolio Serv,” “Consumer Portfolio Servic,” and “C.P.S. Inc.” were acceptable names for the Company.
   
2.Proof of Insurance. The Company informed us that an Agreement to Provide Insurance, Insurance Verification Form, or a screenshot from the Company’s Insurance Verification system, each listing an insurance company name, were acceptable proof of insurance.
   
3.Signed Credit Application (not applicable to direct loans). We make no representation regarding the authenticity of the obligor’s signature(s).

 

There were no conclusions that resulted from the procedures.

 

This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to, and did not, conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the specified attributes identified by the Company in the Data File. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to the Specified Parties.

 

The procedures performed were applied based on the information included in the Data File, the Receivable Files, and instructions provided by the Company, without verification or evaluation of such information and instructions by us; therefore, we express no opinion or any other form of assurance regarding (i) the physical existence of the Receivables, (ii) the reasonableness of the information and instructions provided by the Company, (iii) the reliability or accuracy of the Receivable Files which were used in our procedures, or (iv) matters of legal interpretation.

 

The procedures performed were not intended to address, nor did they address: (i) the conformity of the origination of the Receivables to stated underwriting or credit extension guidelines, standards, criteria or other requirements, (ii) the value of collateral securing any such Receivables being securitized, (iii) the compliance of the originator of the Receivables with federal, state, and local laws and regulations, or (iv) any other factor or characteristic of the Receivables that would be material to the likelihood that the issuer of the asset-backed security will pay interest and principal in accordance with applicable terms and conditions. The procedures performed were not intended to satisfy any criteria for due diligence published by a nationally recognized statistical rating organization (“NRSRO”).

 

The terms of our engagement are such that we have no obligation to update this report because of events and transactions that may subsequently occur.

This report is intended solely for the information and use of the Specified Parties. It is not intended to be and should not be used by any other person or entity, including investors and NRSROs, who are not identified in the report as Specified Parties but who may have access to this report as required by law or regulation.

 

/s/ KPMG LLP

Irvine, CA

December 19, 2019

 

 

 

 

   

 

 

The Sample Receivables
 
Sample
Receivable #
Receivable
Number1
Sample
Receivable #
Receivable
Number
1
Sample
Receivable #
Receivable
Number
1
1 2020A001 51 2020A051 101 2020A101
2 2020A002 52 2020A052 102 2020A102
3 2020A003 53 2020A053 103 2020A103
4 2020A004 54 2020A054 104 2020A104
5 2020A005 55 2020A055 105 2020A105
6 2020A006 56 2020A056 106 2020A106
7 2020A007 57 2020A057 107 2020A107
8 2020A008 58 2020A058 108 2020A108
9 2020A009 59 2020A059 109 2020A109
10 2020A010 60 2020A060 110 2020A110
11 2020A011 61 2020A061 111 2020A111
12 2020A012 62 2020A062 112 2020A112
13 2020A013 63 2020A063 113 2020A113
14 2020A014 64 2020A064 114 2020A114
15 2020A015 65 2020A065 115 2020A115
16 2020A016 66 2020A066 116 2020A116
17 2020A017 67 2020A067 117 2020A117
18 2020A018 68 2020A068 118 2020A118
19 2020A019 69 2020A069 119 2020A119
20 2020A020 70 2020A070 120 2020A120
21 2020A021 71 2020A071 121 2020A121
22 2020A022 72 2020A072 122 2020A122
23 2020A023 73 2020A073 123 2020A123
24 2020A024 74 2020A074 124 2020A124
25 2020A025 75 2020A075 125 2020A125
26 2020A026 76 2020A076 126 2020A126
27 2020A027 77 2020A077 127 2020A127
28 2020A028 78 2020A078 128 2020A128
29 2020A029 79 2020A079 129 2020A129
30 2020A030 80 2020A080 130 2020A130
31 2020A031 81 2020A081 131 2020A131
32 2020A032 82 2020A082 132 2020A132
33 2020A033 83 2020A083 133 2020A133
34 2020A034 84 2020A084 134 2020A134
35 2020A035 85 2020A085 135 2020A135
36 2020A036 86 2020A086 136 2020A136
37 2020A037 87 2020A087 137 2020A137
38 2020A038 88 2020A088 138 2020A138
39 2020A039 89 2020A089 139 2020A139
40 2020A040 90 2020A090 140 2020A140
41 2020A041 91 2020A091 141 2020A141
42 2020A042 92 2020A092 142 2020A142
43 2020A043 93 2020A093 143 2020A143
44 2020A044 94 2020A094 144 2020A144
45 2020A045 95 2020A095 145 2020A145
46 2020A046 96 2020A096 146 2020A146
47 2020A047 97 2020A097 147 2020A147
48 2020A048 98 2020A098 148 2020A148
49 2020A049 99 2020A099 149 2020A149
50 2020A050 100 2020A100 150 2020A150

 


1 The Company has assigned a unique eight digit Receivable Number to each Receivable in the Data File. The Receivable Numbers referred to in this Exhibit are not the Customer Account Numbers.