EX-99.1 2 cpsfive_ex9901.htm ACCOUNTANT'S REPORT

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 2021-D – Data File Procedures

 

We have performed the procedures described below on the specified attributes in an electronic data file entitled “bb.Pool_2021-D_083121_Indicative.xlsx,” provided by the Company on September 9, 2021, containing information on 10,878 automobile retail installment sale contracts (“Receivables”) as of August 31, 2021 (the “Data File”), which we were informed are intended to be included as collateral in the offering by CPS Auto Receivables Trust 2021-D. 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 table below.

 

· 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.

 

· 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.

 

 

 

KPMG LLP, a Delaware limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee.

 

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· 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 as a stand-alone document for direct loans), Title Document, Insurance Document, ,Credit Application (not applicable for direct loans), and Credit History screenshot from the Company’s servicing system. The Receivable File, provided to us by the Company, was represented to be a scanned image of the original Receivable File. We make no representation regarding the validity, enforceability, or authenticity of the information in the Receivable File.

 

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

 

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 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 indicated information from the Data File to the Receivable File for each of the attributes identified, 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.

 

Attribute Receivable File / Instructions
Vehicle Make

Installment Sale Contract, Federal Truth in Lending Disclosure Statement, Title Document.

For Sample Receivables #19 and #150, the Vehicle Make stated in the Data File was “Dodge” and “Ram,” respectively. The Vehicle Make stated in the Installment Sale Contract was “Daimler” and “Dodge Truck,” respectively. These differences are not considered exceptions based on changes in the corporate ownership of these Vehicle Make brands.

Vehicle Model Installment Sale Contract, Federal Truth in Lending Disclosure Statement.

 

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 Receivable #18. The Company provided the Credit History screenshot from the Company’s servicing system for Sample Receivable #18, indicating that it was a Super Ultra Streamline loan, which the Company informed us was not required to provide Proof of Insurance. This was not considered an exception.

 

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 LLC

 

Irvine, California

October 1, 2021

 

 

 

   

 

 

Exhibit A

 

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  

 

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  

 

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 Form Insurance Verification system screen shot
Agreement to Maintain Physical Damage Insurance Vehicle or Equipment Certificate of Insurance
Certificate of Insurance  

 

 

 

 A-1 

 

 

Exhibit B

 

The Sample Receivables
Sample
Receivable #
Receivable
Number 
1
Sample
Receivable #
Receivable
Number
1
Sample
Receivable #
Receivable
Number
1
1 2021D001 51 2021D051 101 2021D101
2 2021D002 52 2021D052 102 2021D102
3 2021D003 53 2021D053 103 2021D103
4 2021D004 54 2021D054 104 2021D104
5 2021D005 55 2021D055 105 2021D105
6 2021D006 56 2021D056 106 2021D106
7 2021D007 57 2021D057 107 2021D107
8 2021D008 58 2021D058 108 2021D108
9 2021D009 59 2021D059 109 2021D109
10 2021D010 60 2021D060 110 2021D110
11 2021D011 61 2021D061 111 2021D111
12 2021D012 62 2021D062 112 2021D112
13 2021D013 63 2021D063 113 2021D113
14 2021D014 64 2021D064 114 2021D114
15 2021D015 65 2021D065 115 2021D115
16 2021D016 66 2021D066 116 2021D116
17 2021D017 67 2021D067 117 2021D117
18 2021D018 68 2021D068 118 2021D118
19 2021D019 69 2021D069 119 2021D119
20 2021D020 70 2021D070 120 2021D120
21 2021D021 71 2021D071 121 2021D121
22 2021D022 72 2021D072 122 2021D122
23 2021D023 73 2021D073 123 2021D123
24 2021D024 74 2021D074 124 2021D124
25 2021D025 75 2021D075 125 2021D125
26 2021D026 76 2021D076 126 2021D126
27 2021D027 77 2021D077 127 2021D127
28 2021D028 78 2021D078 128 2021D128
29 2021D029 79 2021D079 129 2021D129
30 2021D030 80 2021D080 130 2021D130
31 2021D031 81 2021D081 131 2021D131
32 2021D032 82 2021D082 132 2021D132
33 2021D033 83 2021D083 133 2021D133
34 2021D034 84 2021D084 134 2021D134
35 2021D035 85 2021D085 135 2021D135
36 2021D036 86 2021D086 136 2021D136
37 2021D037 87 2021D087 137 2021D137
38 2021D038 88 2021D088 138 2021D138
39 2021D039 89 2021D089 139 2021D139
40 2021D040 90 2021D090 140 2021D140
41 2021D041 91 2021D091 141 2021D141
42 2021D042 92 2021D092 142 2021D142
43 2021D043 93 2021D093 143 2021D143
44 2021D044 94 2021D094 144 2021D144
45 2021D045 95 2021D095 145 2021D145
46 2021D046 96 2021D096 146 2021D146
47 2021D047 97 2021D097 147 2021D147
48 2021D048 98 2021D098 148 2021D148
49 2021D049 99 2021D099 149 2021D149
50 2021D050 100 2021D100 150 2021D150

 

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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.