EX-99.1 2 exhibit99-1.htm KPMG LLP INDEPENDENT ACCOUNTANTS REPORT

 

 

EXHIBIT 99.1

 

KPMG LLP INDEPENDENT ACCOUNTANT’S REPORT

ON APPLYING AGREED-UPON PROCEDURES

 

 
 

 

 (KPMG LOGO)


KPMG LLP
Suite 700

20 Pacifica

Irvine, CA 92618-3391

 

Independent Accountants’ Report on Applying Agreed-Upon Procedures

 

BV001 Trust

BlueMountain Capital Management, LLC (together, the “Company”)

Wells Fargo Securities, LLC

(together with the Company, the “Specified Parties”)

 

Re: BlueVirgo 2015-1 Trust, Tax Lien Collateralized Notes, Series 2015-1 (the “Notes”)

 

We have performed the procedures described below, which were agreed to by the Specified Parties, solely to assist the Specified Parties with certain information pertaining to a pool of property tax liens which we were informed are intended to be included as collateral in the offering of the “Notes.” This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. 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 attributable to rounding.
·The term “recomputed” means recalculated and compared the result to the information shown and found it to be in agreement, unless otherwise noted. Such recomputed information was deemed to be in agreement if differences were attributable to rounding.
·The phrase “County Assessors’ Websites” means the listing of websites provided to us by the Company for a sample of 150 Tax Liens, included as Exhibit A attached hereto.
·The phrase “Tax Lien File” means any file containing some or all of the following documents: Tax Certificate, Signed Subsequent Payment Affidavit, Tax Receipt of Tax Lien Auction Results of Orange County, Florida or Palm Beach County, Florida (the “Tax Lien Auction Results”), Bankruptcy Letter (if applicable), Minerva System screenshot (the Minerva System is the Company’s servicing system), Tax Lien State Matrix, Municipality Equalization Ratio, and Signed Recording Fee Affidavit. The Tax Lien File, maintained and furnished to us by the Company, was represented by the Company to be either the original Tax Lien File and/or a copy of the original

 

 

KPMG LLP is a Delaware limited liability partnership,
the U.S. member firm of KPMG International Cooperative

(“KPMG International”), a Swiss entity.

 

 

 
 

 

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BlueVirgo 2015-1 Trust, Tax Lien Collateralized Notes, Series 2015-1

October 28, 2015

Page 2

 

  Tax Lien File. The Company is responsible for each Tax Lien File.

 

I.     The Data File and the Selected Tax Liens

 

On October 23, 2015, Wells Fargo Securities, LLC, on behalf of the Company, provided us with an electronic data file containing certain information related to 50,091 property tax liens (the “Tax Liens”) as of October 15, 2015 (the “Data File”). The Company is responsible for the Data File. We were instructed by the Company to randomly select a sample of 150 Tax Liens from the Data File (the “Selected Tax Liens”). A listing of the Selected Tax Liens is attached hereto as Exhibit B.

 

For each of the Selected Tax Liens, we compared the attributes listed below to the corresponding information appearing on or derived from a copy of the applicable documents in the Tax Lien File. The Company indicated that the absence of any of the documents in the Tax Lien File or the inability to agree the indicated information from the Data File to the documents in the Tax Lien File for each of the attributes identified constituted an exception. The documents in the Tax Lien File are listed in the order of priority until such attribute was compared.

  Attribute Tax Lien File Document(s)
     
  Purchase Date Tax Certificate, Signed Subsequent Payment Affidavit,  Tax Lien Auction Results
     
  Rank Tax Certificate, Signed Subsequent Payment Affidavit and the instructions provided by the Company described below
     
  Bankruptcy (if applicable) Bankruptcy Letter (if applicable)
     
  Address Tax Certificate, Respective County Assessor’s Website listed in Exhibit A
     
  County Tax Certificate, Respective County Assessor’s Website listed in Exhibit A
     
  State Tax Certificate, Respective County Assessor’s Website listed in Exhibit A
     
  Property Type Respective County Assessor’s Website listed in Exhibit A
     
  Current Interest Rate Tax Certificate, Minerva System screenshot and the instructions provided by the Company described below
     
  Attribute Tax Lien File Document(s)
     
  Tax Amount Tax Certificate, Tax Lien Auction Results,  Tax Lien State Matrix
     
  Overbid Amount Tax Certificate
     
  Reimbursable Fees Tax Certificate, Signed Recording Fee Affidavit, Respective County Assessor’s

 

 
 

 

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BlueVirgo 2015-1 Trust, Tax Lien Collateralized Notes, Series 2015-1

October 28, 2015

Page 3

 

    Website in Exhibit A
     
  Assessed Value Respective County Assessor’s Website listed in Exhibit A
     
  Market Value Respective County Assessor’s Website listed in Exhibit A and Municipality Equalization Ratio and  the instructions provided by the Company described below
     
  Recomputed Interest and Penalty Amount Tax Lien State Matrix and the instructions provided by the Company described below
     
  Recomputed Redemptive Value Tax Certificate and the instructions provided by the Company described below
     
  Recomputed Combined Redemptive Value Tax Certificate and the  instructions provided by the Company described below
     
  Recomputed Combined OLTV Respective County Assessor’s Website listed in Exhibit A and the  instructions provided by the Company described below

 

For purposes of comparing Rank for Selected Tax Liens indicated as a sub-liens (i.e., the “Rank” field in the Data File contained a value of “S”), we were instructed by the Company to compare the parcel property information in the Data File for such Selected Tax Lien to the parcel property information in the Tax Certificate for the corresponding Selected Tax Lien that was indicated as the original lien (i.e., the “Rank” field in the Data File contained a value of “L”).

 

For purposes of comparing the Current Interest Rate, we were informed by the Company that the penalty interest rate was included in the Interest Rate Used field in the Minerva System screenshot.

 

For purposes of comparing the Market Value, we were instructed by the Company to recompute the Market Value as follows: multiply (i) the Assessed Value from the Data File by (ii) 100 divided by (iii) the Municipality Equalization Ratio. We compared the result to the “Market Value” field in the Data File.

 

For purposes of recomputing the interest and penalty amount (the “Recomputed Interest and Penalty Amount”) related to Selected Tax Liens in New Jersey, we were instructed by the Company to recompute the amount as follows: multiply (i) the Tax Amount from the Data File by (ii) the Current Interest Rate from the Data File and by (iii) the quotient of (a) the number of days between the Purchase Date from the Data File and October 15, 2015 and (b) 360, and to the result add, if applicable, (iv) the $12 Search Fee, (v) the corresponding redemption penalty amount calculated based on the Tax Lien State Matrix, and (vi) the related year-end penalty amount provided by the Company. We compared the Recomputed Interest and Penalty Amount to the “Interest Amount” field in the Data File which we were informed by the Company included the Penalty Amount.

 

For purposes of the Recomputed Interest and Penalty Amount related to Selected Tax Liens in Florida, we were instructed by the Company to recompute the amount as follows: the greater of (i) interest

 

 
 

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BlueVirgo 2015-1 Trust, Tax Lien Collateralized Notes, Series 2015-1

October 28, 2015

Page 4

 

accrued monthly at the Current Interest Rate from the Data File between the Purchase Date and October 15, 2015 and (ii) 5% of the Tax Amount. We compared the Recomputed Interest and Penalty Amount to the “Interest Amount” field in the Data File which we were informed by the Company included the Penalty Amount.

 

For purposes of recomputing the redemptive value (the “Recomputed Redemptive Value”), we were instructed by the Company to add the Tax Amount, the Overbid Amount, and the Reimbursable Fees per the Tax Certificate, to the Recomputed Interest Amount. We compared the Recomputed Redemptive Value to the “Redemptive Value” field in the Data File.

 

For purposes of recomputing the combined redemptive value (the “Recomputed Combined Redemptive Value”), we were instructed by the Company to sum the Recomputed Redemptive Value of the original tax lien and the Recomputed Redemptive Value of each subsequent tax lien affiliated with the original tax lien (all of which shared the same Tax Lien ID as stated on the Data File). We compared the Recomputed Combined Redemptive Value to the “Combined Redemptive Value” field in the Data File.

 

For purposes of recomputing the combined OLTV (the “Recomputed Combined OLTV”), we were instructed by the Company to divide the Recomputed Combined Redemptive Value by the Market Value based on the printouts from the respective County Assessor’s Website. We compared the Recomputed Combined OLTV to the “Combined OLTV” field in the Data File.

 

The information regarding the Selected Tax Liens was found to be in agreement with the respective information on or derived from the documents in the Tax Lien Files. There were no conclusions that resulted from the procedures.

 

We were not engaged to, and did not, conduct an audit, examination or review, the objectives of which would be the expression of an opinion or conclusion on the Data File or the Tax Liens. 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 you.

 

The procedures performed were applied based on the methodologies and information indicated in the Data File or provided by the Company, without verification or evaluation of such information by us; therefore, we express no opinion or any other form of assurance regarding (i) the physical existence of the Tax Liens or as to the conformity of their respective characteristics with those assumed for purposes of the comparisons and recomputations described herein, (ii) the reliability or accuracy of the Data File, the Tax Lien File documents, the data and documents furnished to us by the Company, or the County Assessors’ websites which were used in our procedures, or (iii) matters of legal interpretation.

 

The procedures performed were not intended to address, nor did they address: (i) the conformity of the origination of the Tax Liens to stated underwriting or credit extension guidelines, standards, criteria or other requirements, (ii) the value of collateral securing any such Tax Liens being securitized, (iii) the compliance of the originator of the Tax Liens with federal, state, and local laws and regulations, or (iv) any other factor or characteristic of the Tax Liens that would be material to the likelihood that the issuer or 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”).

 

 
 

(KPMG LOGO) 

 

BlueVirgo 2015-1 Trust, Tax Lien Collateralized Notes, Series 2015-1

October 28, 2015

Page 5

 

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 BV001 Trust, Blue Mountain Capital Management, LLC and Wells Fargo Securities, LLC. 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 but who may have access to this report as required by law or regulation.

 

/s/ KPMG LLP

 

October 28, 2015

 

 
 

 

 

 

THE FOLLOWING PAGE CONSTITUTES EXHIBIT A.

 

 

 

Exhibit A
Listing of County Assessors’ Websites
     
  Florida  
  Palm Beach http://www.co.palm-beach.fl.us/papa/
  Orange http://www.ocpafl.org/searches/parcelsearch.aspx
     
  New Jersey  
  New Jersey http://tax1.co.monmouth.nj.us/cgi-bin/prc6.cgi?&ms_user=monm&passwd=&srch_type=0&adv=0&out_type=0&district

 

 

 

THE FOLLOWING PAGES CONSTITUTE EXHIBIT B.

 

 

 

 

Selected
Tax
Lien #
Tax
Lien ID
#
Payment ID
# (*)
Selected
Tax
Lien #
Tax
Lien ID
#
Payment ID
# (*)
  Selected
Tax Lien
#
Tax
Lien ID
#
Payment ID
# (*)
1 T020592 N/A 41 T019400 PMT112005   81 T027584 N/A
2 T020592 PMT141528 42 T019400 PMT106021   82 T027584 PMT140651
3 T020592 PMT126691 43 T019400 PMT106020   83 T027584 PMT140650
4 T020592 PMT111354 44 T019400 PMT106019   84 T031634 N/A
5 T020592 PMT103953 45 T019400 PMT091247   85 T031634 PMT167241
6 T020592 PMT093618 46 T019400 PMT091246   86 T030251 N/A
7 T030242 N/A 47 T024729 N/A   87 T024826 N/A
8 T031041 N/A 48 T024729 PMT150841   88 T024826 PMT154393
9 T031615 N/A 49 T024729 PMT120715   89 T027905 N/A
10 T018830 N/A 50 T021543 N/A   90 T027905 PMT147420
11 T018830 PMT143299 51 T021543 PMT142327   91 T031899 N/A
12 T018830 PMT143298 52 T021543 PMT126852   92 T021586 N/A
13 T018830 PMT126714 53 T021543 PMT110175   93 T021586 PMT108179
14 T018830 PMT111803 54 T021543 PMT103713   94 T021586 PMT102509
15 T018830 PMT111802 55 T027840 N/A   95 T021586 PMT102508
16 T018830 PMT104652 56 T031048 N/A   96 T025878 N/A
17 T018830 PMT104651 57 T025693 N/A   97 T025878 PMT153353
18 T018830 PMT086925 58 T025693 PMT135588   98 T029312 N/A
19 T018830 PMT081848 59 T030205 N/A   99 T021405 N/A
20 T018830 PMT081847 60 T027963 N/A   100 T021405 PMT142286
21 T025223 N/A 61 T027963 PMT153660   101 T021405 PMT126796
22 T025223 PMT154568 62 T027487 N/A   102 T021405 PMT110108
23 T025223 PMT126208 63 T027487 PMT140789   103 T021405 PMT103610
24 T018446 N/A 64 T027487 PMT140788   104 T026148 N/A
25 T018446 PMT127686 65 T027581 N/A   105 T026148 PMT145242
26 T018446 PMT081813 66 T020205 N/A   106 T027894 N/A
27 T026001 N/A 67 T020205 PMT141770   107 T027894 PMT150339
28 T026001 PMT140554 68 T020205 PMT128854   108 T020325 N/A
29 T026001 PMT135595 69 T020205 PMT099479   109 T020325 PMT140400
30 T026001 PMT135594 70 T025957 N/A   110 T020325 PMT128296
31 T018502 N/A 71 T025957 PMT140614   111 T020325 PMT110636
32 T016399 N/A 72 T025957 PMT137462   112 T020325 PMT104942
33 T016399 PMT125694 73 T025957 PMT137461   113 T020325 PMT093621
34 T016399 PMT101533 74 T021512 N/A   114 T026466 N/A
35 T024620 N/A 75 T021512 PMT142314   115 T026466 PMT140646
36 T019400 N/A 76 T021512 PMT126835   116 T026466 PMT138466
37 T019400 PMT146274 77 T021512 PMT110157   117 T026466 PMT138465
38 T019400 PMT146273 78 T021512 PMT103687   118 T025685 N/A
39 T019400 PMT128923 79 T029715 N/A   119 T025685 PMT141689
40 T019400 PMT128922 80 T030446 N/A   120 T025685 PMT141688

 

* Payment ID noted for subsequent tax lien only to differentiate from original tax lien sharing the same Tax Lien ID.

 

 
 

 

Selected
Tax
Lien #
Tax
Lien ID
#
Payment ID
# (*)
Selected
Tax
Lien #
Tax
Lien ID
#
Payment ID
# (*)
  Selected
Tax Lien
#
Tax
Lien ID
#
Payment ID
# (*)
121 T017443 N/A 131 T027027 N/A   141 T017143 PMT103133
122 T017443 PMT141312 132 T027027 PMT138577   142 T017143 PMT103132
123 T017443 PMT127714 133 T029579 N/A   143 T017143 PMT086691
124 T017443 PMT127713 134 T023689     144 T017143 PMT070634
125 T017443 PMT111434 135 T023689 PMT143704   145 T017143 PMT070633
126 T017443 PMT111433 136 T017143 N/A   146 T027820 N/A
127 T017443 PMT103924 137 T017143 PMT141134   147 T027820 PMT145409
128 T017443 PMT085547 138 T017143 PMT127313   148 T027820 PMT145408
129 T017443 PMT072021 139 T017143 PMT127312   149 T031088 N/A
130 T017443 PMT072020 140 T017143 PMT109140   150 T031771 N/A

 

* Payment ID noted for subsequent tax lien only to differentiate from original tax lien sharing the same Tax Lien ID.