EX-99.1 2 cps_ex9901.htm INDEPENDENT ACCOUNTANTS REPORT ON APPLYING AGREED-UPON PROCEDURES

Exhibit 99.1

 

KPMG LLP

Suite 700

20 Pacifica

Irvine, CA 92618-3391

 

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 2022-B – Data File Procedures

 

We have performed the procedures described below on the specified attributes in an electronic data file entitled “bb.Pool_2022-B_022822_Indicative.xlsx,” provided by the Company on March 3, 2022, containing information on 6,612 automobile retail installment sale contracts (“Receivables”) as of February 28, 2022 (the “Data File”), which we were informed are intended to be included as collateral in the offering by CPS Auto Receivables Trust 2022-B. The Company is responsible for the specified attributes identified by the Company in the Data File.

 

The Specified Parties have agreed to and acknowledged that the procedures performed are appropriate to meet their intended purpose of assisting specified parties in evaluating the accuracy of the specified attributes in the Data File. This report may not be suitable for any other purpose. No other parties have agreed to or acknowledged the appropriateness of these procedures for the intended purpose or any other purpose.

 

The procedures performed may not address all the items of interest to a specified party of this report and may not meet the needs of all specified parties of this report and, as such, specified parties are responsible for determining whether the procedures performed are appropriate for their purposes. We make no representation regarding the appropriateness of the procedures either for the intended purpose or for any other purpose.

 

Unless otherwise stated, 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 stated. Such compared information was deemed to be in agreement if differences were within the reporting threshold.

 

·The term “reporting threshold” means that dollar amounts and percentages were within $1.00 and 0.1%, respectively.

 

·The term “Instructions” means the instructions provided by the Company pertaining to a procedure, attribute, or methodology, as described in the procedures below.

 

·The term “Vehicle Mapping” means email correspondence provided by the Company on March 29, 2022, containing the Vehicle Models and Vehicle Makes corresponding to different abbreviations of vehicle model and vehicle make appearing on the Installment Sale Contracts.

 

·The term “Title Document” means a scanned image of one of the title documents listed in Exhibit A, which the Company informed us are acceptable forms of Title Document.

 

·The term “Acceptable Company Names” means the acceptable company names listed in Exhibit A, which the Company informed us are acceptable names for the Company that can appear in the Title Documents as the Lien Holder, Owner, Security Interest Holder, or Secured Party.

 

 

 

 

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·The term “Insurance Document” means a scanned image of one of the insurance documents listed in Exhibit A, which the Company informed us are acceptable forms of Insurance Document.

 

·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(s) to the Installment Sale Contract and/or Retail Installment Sale Contract Simple Interest Finance Charge letter) (not applicable for direct loans), Federal Truth in Lending Disclosure Statement (within the Installment Sale Contract or a stand-alone document for direct loans), Title Document, Insurance Document, and Credit Application (not applicable for direct loans). We accessed the Receivable Files in the Company’s data imaging system via virtual desktop. We make no representation regarding the validity, enforceability, or authenticity of the information in the Receivable File.

 

·The term “Provided Information” means the Instructions, Vehicle Mapping, Acceptable Company Names, and Receivable File.

 

The procedures we were instructed by the Company to perform and the associated findings are as follows:

 

A.We randomly selected a sample of 150 Receivables from the Data File (the “Sample Receivables”). A listing of the Sample Receivables is attached hereto as Exhibit B. For purposes of this procedure, the Company did not inform us of the basis they used to determine the number of Receivables we were instructed to randomly select from the Data File.

 

B.For each Sample Receivable, we compared the specified attributes in the Data File listed below to or using the corresponding information included in the Receivable File, utilizing the Instructions, as applicable. The Specified Parties indicated that the absence of any of the information in the Receivable File or the inability to agree the specified attributes from the Data File to the Receivable File, utilizing the Instructions, as applicable, constituted an exception. The Receivable File documents are listed in the order of priority.

 

  Attribute   Receivable File / Instructions
  Obligor’s First Name and Last Name   Installment Sale Contract, Federal Truth in Lending Disclosure Statement, Credit Application
       
  Contract Date   Installment Sale Contract, Federal Truth in Lending Disclosure Statement
       
  Original Term   Installment Sale Contract, Federal Truth in Lending Disclosure Statement
       
  Original Amount Financed   Installment Sale Contract, Federal Truth in Lending Disclosure Statement
       
  Scheduled Monthly Payment Amount   Installment Sale Contract, Federal Truth in Lending Disclosure Statement
       
  Annual Percentage Rate (“APR”)   Installment Sale Contract, Federal Truth in Lending Disclosure Statement
       
  Vehicle Type (New or Used)   Installment Sale Contract, Federal Truth in Lending Disclosure Statement, Gap Addendum. Consider an entry of “C” in the Data File to be a Used vehicle.
       
  Vehicle Make   Installment Sale Contract, Federal Truth in Lending Disclosure Statement, Title Document, Vehicle Mapping.
       
  Vehicle Model   Installment Sale Contract, Federal Truth in Lending Disclosure Statement, Vehicle Mapping.

 

C.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 one of the Acceptable Company Names appeared on the Title Document as the Lien Holder, Owner, Security Interest Holder, or Secured Party.

 

 

 

 

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2.Proof of Insurance. The Company informed us that an Insurance Document was acceptable proof of insurance.
   
  We did not observe the presence of Proof of Insurance for Sample Receivables #86 and #100. The Company provided screenshots from the Company’s servicing system for Sample Receivables #86 and #100, indicating that these were “Stip Tier 3” (“ST03”) loans, which the Company informed us were not required to provide Proof of Insurance pursuant to its underwriting policy. These were not considered exceptions.

 

3.Signed Credit Application (not applicable to direct loans). We make no representation regarding the authenticity of the obligor’s signature(s).

 

We were engaged by the Company to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants, which involves us performing the specific procedures agreed to and acknowledged above and reporting on findings based on performing those procedures. 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 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.

 

We are required to be independent of the Company and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.

 

The procedures performed were applied based on the information included in the Data File and Provided Information, without verification or evaluation of such information by us; therefore, we express no opinion or any other form of assurance regarding (i) the reasonableness of the information provided to us by the Company, (ii) the physical existence of the Receivables, (iii) the reliability or accuracy of the Provided Information which was 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 the nationally recognized statistical rating organizations (“NRSROs”).

 

The terms of our engagement are such that we have no responsibility to update this report because of events and circumstances 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 or the NRSROs, who are not identified in the report as the Specified Parties but may have access to this report as required by law or regulation.

 

/s/KPMG LLP

 

Irvine, California April 1, 2022

 

 

 

 

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Title Documents

 

Certificate of Title Application for Certificate of Title
Application for Certificate of Ownership Dealer Guarantee of Title Delivery
Guarantee of Title (provided by the dealer to CPS) Application for Registration
Dealer, Rebuilder or Lessor’s Report of Sale or Lease Application for Dealer Assignment
Electronic Title in the CPS Title Management System Lien Entry Form
Direct Lien Receipt from Office of Motor Vehicle Records and Information Vehicle Registration/Title Application for Dealer Sales
Application for Vehicle Transaction Application for Title and/or Registration
Form MV-1 Motor Vehicle Title Application Notice of Security Interest
Title and Registration Application MV-1
Title & License Plate Application Registration and Title Application
Multi-Purpose Application Title Application

 

Acceptable Company Names

 

CPS, Inc. CPS
CPS Incorporated Consumer Portfolio Services
Consumer Portfolio Services In Consumer Portfolio Services, Inc.
Consumer Portfolio Svcs., Inc. Consumer Portfolio Serv
Consumer Portfolio Servic Consumer Portfolio Srvs
Consumer Portfolio Srv, INC Consumer Portfolio Services, I
Consumer Portfolio Inc Consumer Portfolio S
Consumer Portfolio Svcs C.P.S. Inc.
Consumer Portfolio Srvcs Inc Consumer Portfolio Service
Consumer Portfolio Service Inc Company’s ELT E-Numbers on different DMV systems

 

Insurance Documents

 

Insurance Card Agreement to Provide Insurance
Agreement for Purchaser to Provide Accidental Physical Damage Coverage Verification of Coverage
Insurance Coverage Acknowledgment Insurance Binder
Insurance Declaration Page Proof of Insurance/Authorization to Release Insurance Information
Confirmation of Accidental Physical Damage Insurance Memorandum of Insurance
Insurance Verification system screenshot Certificate of Insurance

Agreement to Maintain Physical Damage Insurance

Financial Responsibility Identification Card
Verification of Insurance Agreement to Furnish Insurance Policy
Letter of Coverage Application for Insurance
Notice of Property Insurance Auto Insurance Policy Amended Declarations

 

 

 

 

 

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The Sample Receivables
 

Sample

Receivable #

Receivable

Number1

Sample

Receivable #

Receivable

Number1

Sample

Receivable #

Receivable

Number1

1 2022B001 51 2022B051 101 2022B101
2 2022B002 52 2022B052 102 2022B102
3 2022B003 53 2022B053 103 2022B103
4 2022B004 54 2022B054 104 2022B104
5 2022B005 55 2022B055 105 2022B105
6 2022B006 56 2022B056 106 2022B106
7 2022B007 57 2022B057 107 2022B107
8 2022B008 58 2022B058 108 2022B108
9 2022B009 59 2022B059 109 2022B109
10 2022B010 60 2022B060 110 2022B110
11 2022B011 61 2022B061 111 2022B111
12 2022B012 62 2022B062 112 2022B112
13 2022B013 63 2022B063 113 2022B113
14 2022B014 64 2022B064 114 2022B114
15 2022B015 65 2022B065 115 2022B115
16 2022B016 66 2022B066 116 2022B116
17 2022B017 67 2022B067 117 2022B117
18 2022B018 68 2022B068 118 2022B118
19 2022B019 69 2022B069 119 2022B119
20 2022B020 70 2022B070 120 2022B120
21 2022B021 71 2022B071 121 2022B121
22 2022B022 72 2022B072 122 2022B122
23 2022B023 73 2022B073 123 2022B123
24 2022B024 74 2022B074 124 2022B124
25 2022B025 75 2022B075 125 2022B125
26 2022B026 76 2022B076 126 2022B126
27 2022B027 77 2022B077 127 2022B127
28 2022B028 78 2022B078 128 2022B128
29 2022B029 79 2022B079 129 2022B129
30 2022B030 80 2022B080 130 2022B130
31 2022B031 81 2022B081 131 2022B131
32 2022B032 82 2022B082 132 2022B132
33 2022B033 83 2022B083 133 2022B133
34 2022B034 84 2022B084 134 2022B134
35 2022B035 85 2022B085 135 2022B135
36 2022B036 86 2022B086 136 2022B136
37 2022B037 87 2022B087 137 2022B137
38 2022B038 88 2022B088 138 2022B138
39 2022B039 89 2022B089 139 2022B139
40 2022B040 90 2022B090 140 2022B140
41 2022B041 91 2022B091 141 2022B141
42 2022B042 92 2022B092 142 2022B142
43 2022B043 93 2022B093 143 2022B143
44 2022B044 94 2022B094 144 2022B144
45 2022B045 95 2022B095 145 2022B145
46 2022B046 96 2022B096 146 2022B146
47 2022B047 97 2022B097 147 2022B147
48 2022B048 98 2022B098 148 2022B148
49 2022B049 99 2022B099 149 2022B149
50 2022B050 100 2022B100 150 2022B150

 

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

 

 

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