EX-99.1 2 ex9901.htm INDEPENDENT ACCOUNTANTS REPORT

Exhibit 99.1

 

 

Independent Accountants’ Report on Applying Agreed-Upon Procedures

 

 

Consumer Portfolio Services, Inc. (the “Company”)
Credit Suisse Securities (USA) LLC

Citigroup Global Markets Inc.

(together, the “Specified Parties”)

 

Re: CPS Auto Receivables Trust 2018-B, Asset-Backed Notes (the “Notes”) – 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 “Pool 2018-B 030518.xlsx” provided by the Company on March 16, 2018, containing information related to 4,007 automobile retail installment sale contracts (“Receivables”) and their attributes as of March 5, 2018 (the “Data File”), which we were informed are intended to be included as collateral in the offering of the Notes. 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 attributable to rounding.

 

·The term “rounding” 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, Dealer’s Report of Sale, Application for Dealer Assignment, Lien Entry Form, or Vehicle Dealer Temporary Permit (Certificate of Fact).

 

·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.

 

  

 

Page 2

 

 

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 selected 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 contained in the Data File to the corresponding information in the respective Receivable File. The Company indicated that the absence of any of the specified documents in the Receivable File or the inability to agree the indicated information from the Data File to the Receivable File for each of the specified attributes, utilizing instructions provided by the Company (as applicable) indicated below, constituted an exception. The Receivable File documents are listed in the order of priority until such attribute was agreed.

 

Attribute Receivable File
Obligor’s First Name and Last Name Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement). For Sample Receivable #140, the Obligor’s First Name stated in the Data File was different than the information stated in the Installment Sale Contract by one letter. For this Sample Receivable, the Company instructed us to compare the Obligor’s First Name stated in the Data File to the corresponding information stated on the Title Document, Insurance Verification Form, and 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)
   
Vehicle Make Installment Sale Contract (or for a direct loan, Federal Truth in Lending Disclosure Statement).
   
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.

 

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 Port. Ser.,” “Consumer Portfolio Servic,” “Consumer Portfolio SVCS Q85,” 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).

 

 

 

   

 

 

Page 3

 

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 Data File and the Receivable Files furnished to us by the Company 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, California

March 28, 2018

 

 

   

 

 

Exhibit A

 

The Sample Receivables

 

Sample
Receivable #
Receivable
Number1
Sample
Receivable #
Receivable
Number 1
Sample
Receivable #
Receivable
Number 1
           
1 2018B001 51 2018B051 101 2018B101
2 2018B002 52 2018B052 102 2018B102
3 2018B003 53 2018B053 103 2018B103
4 2018B004 54 2018B054 104 2018B104
5 2018B005 55 2018B055 105 2018B105
6 2018B006 56 2018B056 106 2018B106
7 2018B007 57 2018B057 107 2018B107
8 2018B008 58 2018B058 108 2018B108
9 2018B009 59 2018B059 109 2018B109
10 2018B010 60 2018B060 110 2018B110
11 2018B011 61 2018B061 111 2018B111
12 2018B012 62 2018B062 112 2018B112
13 2018B013 63 2018B063 113 2018B113
14 2018B014 64 2018B064 114 2018B114
15 2018B015 65 2018B065 115 2018B115
16 2018B016 66 2018B066 116 2018B116
17 2018B017 67 2018B067 117 2018B117
18 2018B018 68 2018B068 118 2018B118
19 2018B019 69 2018B069 119 2018B119
20 2018B020 70 2018B070 120 2018B120
21 2018B021 71 2018B071 121 2018B121
22 2018B022 72 2018B072 122 2018B122
23 2018B023 73 2018B073 123 2018B123
24 2018B024 74 2018B074 124 2018B124
25 2018B025 75 2018B075 125 2018B125
26 2018B026 76 2018B076 126 2018B126
27 2018B027 77 2018B077 127 2018B127
28 2018B028 78 2018B078 128 2018B128
29 2018B029 79 2018B079 129 2018B129
30 2018B030 80 2018B080 130 2018B130
31 2018B031 81 2018B081 131 2018B131
32 2018B032 82 2018B082 132 2018B132
33 2018B033 83 2018B083 133 2018B133
34 2018B034 84 2018B084 134 2018B134
35 2018B035 85 2018B085 135 2018B135
36 2018B036 86 2018B086 136 2018B136
37 2018B037 87 2018B087 137 2018B137
38 2018B038 88 2018B088 138 2018B138
39 2018B039 89 2018B089 139 2018B139
40 2018B040 90 2018B090 140 2018B140
41 2018B041 91 2018B091 141 2018B141
42 2018B042 92 2018B092 142 2018B142
43 2018B043 93 2018B093 143 2018B143
44 2018B044 94 2018B094 144 2018B144
45 2018B045 95 2018B095 145 2018B145
46 2018B046 96 2018B096 146 2018B146
47 2018B047 97 2018B097 147 2018B147
48 2018B048 98 2018B098 148 2018B148
49 2018B049 99 2018B099 149 2018B149
50 2018B050 100 2018B100 150 2018B150

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.