EX-99.1 2 cpsfive_abs-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”)

Credit Suisse Securities (USA) LLC

Citigroup Global Markets Inc.

(together, the “Specified Parties”)

 

Re: CPS Auto Receivables Trust 2021-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_2021-A_113020_Indicative.xlsx,” provided by the Company on December 4, 2020, containing information related to 8,733 automobile retail installment sale contracts (“Receivables”) as of November 30, 2020 (the “Data File”), which we were informed are intended to be included as collateral in the offering by CPS Auto Receivables Trust 2021-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 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 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, CPS Guarantee of Title, Application for Registration, Application for Dealer Assignment, Lien Entry Form, or Electronic Title in the CPS Title Management System.

 

·The term “Insurance Document” means a scanned image of the Insurance Card, Agreement to Provide Insurance, Insurance Verification Form, or Insurance Verification system screen shot.

 

·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, Insurance Document, and Credit Application (not applicable for direct loans). 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.

 

We were instructed by the Company to perform the following agreed-upon procedures on the Receivables in the Data File.

 

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).
   
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,” “CPS Incorporated,” “Consumer Portfolio Services,” “Consumer Portfolio Services In,” “Consumer Portfolio Services, Inc.,” “Consumer Portfolio Svcs,” “Consumer Portfolio Svcs., Inc.,” “Consumer Portfolio Serv,” “Consumer Portfolio Servic,” “Consumer Portfolio S,” and “C.P.S. Inc.” were acceptable names for the Company.

 

2.Proof of Insurance. The Company informed us that a copy of the Insurance Document was 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 21, 2020

 

 

 

 

 

   

 

 

Exhibit A

 

The Sample Receivables
Sample
Receivable #
Receivable
Number1
Sample
Receivable #
Receivable
Number
1
Sample
Receivable #
Receivable
Number
1
1 2021A001 51 2021A051 101 2021A101
2 2021A002 52 2021A052 102 2021A102
3 2021A003 53 2021A053 103 2021A103
4 2021A004 54 2021A054 104 2021A104
5 2021A005 55 2021A055 105 2021A105
6 2021A006 56 2021A056 106 2021A106
7 2021A007 57 2021A057 107 2021A107
8 2021A008 58 2021A058 108 2021A108
9 2021A009 59 2021A059 109 2021A109
10 2021A010 60 2021A060 110 2021A110
11 2021A011 61 2021A061 111 2021A111
12 2021A012 62 2021A062 112 2021A112
13 2021A013 63 2021A063 113 2021A113
14 2021A014 64 2021A064 114 2021A114
15 2021A015 65 2021A065 115 2021A115
16 2021A016 66 2021A066 116 2021A116
17 2021A017 67 2021A067 117 2021A117
18 2021A018 68 2021A068 118 2021A118
19 2021A019 69 2021A069 119 2021A119
20 2021A020 70 2021A070 120 2021A120
21 2021A021 71 2021A071 121 2021A121
22 2021A022 72 2021A072 122 2021A122
23 2021A023 73 2021A073 123 2021A123
24 2021A024 74 2021A074 124 2021A124
25 2021A025 75 2021A075 125 2021A125
26 2021A026 76 2021A076 126 2021A126
27 2021A027 77 2021A077 127 2021A127
28 2021A028 78 2021A078 128 2021A128
29 2021A029 79 2021A079 129 2021A129
30 2021A030 80 2021A080 130 2021A130
31 2021A031 81 2021A081 131 2021A131
32 2021A032 82 2021A082 132 2021A132
33 2021A033 83 2021A083 133 2021A133
34 2021A034 84 2021A084 134 2021A134
35 2021A035 85 2021A085 135 2021A135
36 2021A036 86 2021A086 136 2021A136
37 2021A037 87 2021A087 137 2021A137
38 2021A038 88 2021A088 138 2021A138
39 2021A039 89 2021A089 139 2021A139
40 2021A040 90 2021A090 140 2021A140
41 2021A041 91 2021A091 141 2021A141
42 2021A042 92 2021A092 142 2021A142
43 2021A043 93 2021A093 143 2021A143
44 2021A044 94 2021A094 144 2021A144
45 2021A045 95 2021A095 145 2021A145
46 2021A046 96 2021A096 146 2021A146
47 2021A047 97 2021A097 147 2021A147
48 2021A048 98 2021A098 148 2021A148
49 2021A049 99 2021A099 149 2021A149
50 2021A050 100 2021A100 150 2021A150

 

__________________

 

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.