Item 1. Financial Statements
Item 1. Financial Statements
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
UNAUDITED CONDENSED CONSOLIDATED BALANCE SHEETS
(In thousands, except share and per share data)
March 31,
December 31,
2025
2024
ASSETS
Cash and cash equivalents
$ 29,841
$ 11,713
Restricted cash and equivalents
153,637
125,684
Finance receivables measured at fair value
3,449,106
3,313,767
Finance receivables
3,109
5,420
Less: Allowance for finance credit losses
( 249 )
( 433 )
Finance receivables, net
2,860
4,987
Furniture and equipment, net
1,165
943
Deferred tax assets, net
826
1,010
Other assets
36,171
35,764
Total assets
$ 3,673,606
$ 3,493,868
LIABILITIES AND SHAREHOLDERS' EQUITY
Liabilities
Accounts payable and accrued expenses
$ 75,289
$ 70,151
Warehouse lines of credit
365,683
410,898
Residual interest financing
163,391
99,176
Securitization trust debt
2,743,269
2,594,384
Subordinated renewable notes
27,547
26,489
Total liabilities
3,375,179
3,201,098
COMMITMENTS AND CONTINGENCIES
–
–
Shareholders' Equity
Preferred stock, $ 1 par value; authorized 4,998,130 shares; none issued
–
–
Series A preferred stock, $ 1 par value; authorized 5,000,000 shares; none issued
–
–
Series B preferred stock, $ 1 par value; authorized 1,870 shares; none issued
–
–
Common stock, no par value; authorized 75,000,000 shares; 21,503,198 and 21,432,698 shares issued and outstanding at March 31, 2025 and December 31, 2024, respectively
26,683
25,720
Retained earnings
271,754
267,060
Accumulated other comprehensive loss
( 10 )
( 10 )
Total shareholders' equity
298,427
292,770
Total liabilities and shareholders' equity
$ 3,673,606
$ 3,493,868
See accompanying Notes to Unaudited Condensed
Consolidated Financial Statements.
3
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
UNAUDITED CONDENSED CONSOLIDATED STATEMENTS
OF OPERATIONS
(In thousands, except per share data)
Three Months Ended
March 31,
2025
2024
Revenues:
Interest income
$ 101,933
$ 84,288
Mark to finance receivables measured at fair value
3,500
5,000
Other income
1,441
2,456
Total revenues
106,874
91,744
Expenses:
Employee costs
25,033
24,416
General and administrative
13,542
13,753
Interest
54,918
41,968
Provision for credit losses
( 979 )
( 1,635 )
Sales
5,911
4,870
Occupancy
1,398
1,600
Depreciation and amortization
249
215
Total expenses
100,072
85,187
Income before income tax expense
6,802
6,557
Income tax expense
2,108
1,967
Net income
$ 4,694
$ 4,590
Earnings per share:
Basic
$ 0.22
$ 0.22
Diluted
$ 0.19
$ 0.19
Number of shares used in computing earnings per share:
Basic
21,444
21,143
Diluted
24,325
24,602
See accompanying Notes to Unaudited Condensed
Consolidated Financial Statements.
4
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
UNAUDITED CONDENSED CONSOLIDATED STATEMENTS
OF COMPREHENSIVE INCOME
(In thousands)
Three Months Ended
March 31,
2025
2024
Net income
$ 4,694
$ 4,590
Other comprehensive income/(loss); change in funded status of pension plan
–
–
Comprehensive income
$ 4,694
$ 4,590
See accompanying Notes to Unaudited Condensed
Consolidated Financial Statements.
5
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
UNAUDITED CONDENSED CONSOLIDATED STATEMENTS
OF CASH FLOWS
(In thousands)
Three Months Ended
March 31,
2025
2024
Cash flows from operating activities:
Net income
$ 4,694
$ 4,590
Adjustments to reconcile net income to net cash provided by operating activities:
Net interest income accretion on fair value receivables
64,907
54,247
Depreciation and amortization
249
215
Amortization of deferred financing costs
2,865
( 672 )
Mark to finance receivables measured at fair value
( 3,500 )
( 5,000 )
Provision for credit losses
( 979 )
( 1,635 )
Stock-based compensation expense
717
832
Changes in assets and liabilities:
Deferred tax assets, net
184
251
Other assets
( 407 )
( 16,702 )
Accounts payable and accrued expenses
5,138
16,579
Net cash provided by operating activities
73,868
52,705
Cash flows from investing activities:
Payments received on finance receivables held for investment
3,106
9,428
Purchases of finance receivables measured at fair value
( 449,602 )
( 328,893 )
Payments received on finance receivables at fair value
252,856
210,935
Change in repossessions held in inventory
–
9
Purchase of furniture and equipment
( 471 )
( 111 )
Net cash used in investing activities
( 194,111 )
( 108,632 )
Cash flows from financing activities:
Proceeds from issuance of securitization trust debt
442,420
280,924
Proceeds from issuance of subordinated renewable notes
1,603
5,489
Payments on subordinated renewable notes
( 545 )
( 537 )
Net proceeds from (repayments of) warehouse lines of credit
( 45,811 )
17,176
Net Proceeds from (repayment of) residual interest financing debt
65,000
50,000
Repayment of securitization trust debt
( 292,997 )
( 268,710 )
Payment of financing costs
( 3,592 )
( 1,899 )
Purchase of common stock
–
( 1,697 )
Exercise of options and warrants
246
705
Net cash provided by financing activities
166,324
81,451
Increase in cash and cash equivalents
46,081
25,524
Cash and restricted cash at beginning of period
137,397
125,431
Cash and restricted cash at end of period
$ 183,478
$ 150,955
Supplemental disclosure of cash flow information:
Cash paid during the period for:
Interest
$ 51,507
$ 42,145
Income taxes
$ ( 75 )
$ 29
See accompanying Notes to Unaudited Condensed
Consolidated Financial Statements.
6
CONSUMER PORTFOLIO SERVICES, INC.
UNAUDITED CONDENSED CONSOLIDATED STATEMENTS
OF SHAREHOLDERS’ EQUITY
(In thousands)
Three Months Ended
March 31,
2025
2024
Common Stock (Shares Outstanding)
Balance, beginning of period
21,433
21,175
Common stock issued upon exercise of options and warrants
70
180
Repurchase of common stock
–
( 207 )
Balance, end of period
21,503
21,148
Common Stock
Balance, beginning of period
$ 25,720
$ 28,678
Common stock issued upon exercise of options and warrants
246
705
Repurchase of common stock
–
( 1,697 )
Stock-based compensation
717
832
Balance, end of period
$ 26,683
$ 28,518
Retained Earnings
Balance, beginning of period
$ 267,060
$ 247,857
Net income
4,694
4,590
Balance, end of period
$ 271,754
$ 252,447
Accumulated Other Comprehensive Loss
Balance, beginning of period
$ ( 10 )
$ ( 1,867 )
Pension benefit obligation
–
–
Balance, end of period
$ ( 10 )
$ ( 1,867 )
Balance, beginning of period
292,770
–
Pension benefit obligation
–
–
Total Shareholders' Equity
$ 298,427
$ 279,098
See accompanying Notes to
Unaudited Condensed Consolidated Financial Statements.
7
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
(1) Summary of Significant Accounting Policies
Description of Business
We were formed in California on March 8, 1991.
We specialize in purchasing and servicing retail automobile installment sale contracts (“automobile contracts” or “finance
receivables”) originated by licensed motor vehicle dealers located throughout the United States (“dealers”) in the sale
of new and used automobiles, light trucks and passenger vans. Through our purchases, we provide indirect financing to dealer customers
for borrowers with limited credit histories or past credit problems (“sub-prime customers”). We serve as an alternative source
of financing for dealers, allowing sales to customers who otherwise might not be able to obtain financing. In addition to purchasing installment
purchase contracts directly from dealers, we have also (i) lent money directly to consumers for loans secured by vehicles, (ii) purchased
immaterial amounts of vehicle purchase money loans from non-affiliated lenders, and (iii) acquired installment purchase contracts in four
merger and acquisition transactions. In this report, we refer to all of such contracts and loans as "automobile contracts."
Basis of Presentation
Our Unaudited Condensed Consolidated Financial
Statements have been prepared in conformity with accounting principles generally accepted in the United States of America, with the instructions
to Form 10-Q and with Article 10 of Regulation S-X of the Securities and Exchange Commission, and include all adjustments that are, in
management’s opinion, necessary for a fair presentation of the results for the interim periods presented. All such adjustments are,
in the opinion of management, of a normal recurring nature. Results for the three-month period ended March 31, 2025, are not necessarily
indicative of the operating results to be expected for the full year.
Certain information and footnote disclosures normally
included in financial statements prepared in accordance with accounting principles generally accepted in the United States of America
have been condensed or omitted from these Unaudited Condensed Consolidated Financial Statements. These Unaudited Condensed Consolidated
Financial Statements should be read in conjunction with the Consolidated Financial Statements and Notes to Consolidated Financial Statements
included in our Annual Report on Form 10-K for the year ended December 31, 2024.
Use of Estimates
The preparation of financial
statements in conformity with accounting principles generally accepted in the United States of America requires us to make estimates
and assumptions that affect the reported amounts of assets and liabilities as of the date of the financial statements, as well as the
reported amounts of income and expenses during the reported periods.
Finance Receivables Measured
at Fair Value
Effective January 1, 2018, we adopted the fair
value method of accounting for finance receivables acquired on or after that date. For each finance receivable acquired after 2017, we
consider the price paid on the purchase date as the fair value for such receivable. We estimate the cash to be received in the future
with respect to such receivables, based on our experience with similar receivables acquired in the past. We then compute the internal
rate of return that results in the present value of those estimated cash receipts being equal to the purchase date fair value. Thereafter,
we recognize interest income on such receivables on a level yield basis using that internal rate of return as the applicable interest
rate. Cash received with respect to such receivables is applied first against such interest income, and then to reduce the recorded value
of the receivables.
8
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
We re-evaluate the fair value of such receivables
at the close of each measurement period. If the reevaluation were to yield a value materially different from the recorded value, an adjustment
would be required.
Anticipated credit losses are included in our
estimation of cash to be received with respect to receivables. In accordance with the fair value accounting standards, credit losses
are included in our computation of the appropriate level yield, therefore we do not thereafter make periodic provision for credit losses,
as our best estimate of the lifetime aggregate of credit losses is included in that initial computation. Also, because we include anticipated
credit losses in our computation of the level yield, the computed level yield is materially lower than the average contractual rate applicable
to the receivables. Because our initial recorded value is fixed as the price we pay for the receivable, rather than as the contractual
principal balance, we do not record acquisition fees as an amortizing asset related to the receivables, nor do we capitalize costs of
acquiring the receivables. Rather we recognize the costs of acquisition as expenses in the period incurred.
Other Income
The following table presents the primary components
of Other Income for the three-month periods ending March 31, 2025, and 2024:
Schedule of other income
Three Months Ended
March 31,
2025
2024
(In thousands)
Origination and servicing fees from third party receivables
$ 1,431
$ 2,144
Sales tax refunds
–
289
Other
10
23
Other income for the period
$ 1,441
$ 2,456
Leases
The Company has operating leases for corporate
offices, equipment, software and hardware. The Company has entered into operating leases for the majority of its real estate locations,
primarily office space. These leases are generally for periods of three to seven years with various renewal options. The depreciable life
of leased assets is limited by the expected lease term. Leases with an initial term of 12 months or less are not recorded on the balance
sheet and the related lease expense is recognized on a straight-line basis over the lease term.
9
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
The following table presents
the supplemental balance sheet information related to leases:
Schedule of supplemental balance sheet information related to leases
March 31,
December 31,
2025
2024
(In thousands)
Operating Leases
Operating lease right-of-use assets
$ 51,093
$ 51,093
Less: Accumulated amortization right-of-use assets
( 32,850 )
( 31,644 )
Operating lease right-of-use assets, net
$ 18,243
$ 19,449
Operating lease liabilities
$ ( 20,250 )
$ ( 21,471 )
Finance Leases
$
Property and equipment, at cost
$ 4,039
$ 3,794
Less: Accumulated depreciation
( 3,538 )
( 3,488 )
Property and equipment, net
$ 501
$ 306
$
Finance lease liabilities
$ ( 514 )
$ ( 315 )
$
Weighted Average Discount Rate
Operating lease
5.0 %
5.0 %
Finance lease
6.5 %
6.5 %
Maturities of lease liabilities were as follows:
Schedule of maturities of lease liabilities
(In thousands)
Operating
Finance
Lease
Lease
Year Ending December 31,
2025 (excluding the three months ended March 31, 2025)
$ 3,907
$ 161
2026
5,084
207
2027
5,242
149
2028
5,408
30
2029
3,761
10
Thereafter
985
–
Total undiscounted lease payments
24,387
557
Less amounts representing interest
( 4,137 )
( 43 )
Lease Liability
$ 20,250
$ 514
10
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
The following table presents
the lease expense included in General and administrative and Occupancy expense on our Unaudited Condensed Consolidated Statement of Operations:
Schedule of lease cost
Three Months Ended
March 31,
2025
2024
(In thousands)
Operating lease cost
$ 1,311
$ 1,374
Finance lease cost
55
14
Total lease cost
$ 1,366
$ 1,388
The following table presents the supplemental
cash flow information related to leases:
Schedule of supplemental cash flow information related to leases
Three Months Ended
March 31,
2025
2024
Cash paid for amounts included in the measurement of lease liabilities:
(In thousands)
Operating cash flows from operating leases
$ 1,311
$ 1,374
Operating cash flows from finance leases
47
13
Financing cash flows from finance leases
8
1
Stock-based Compensation
We recognize compensation costs in the financial
statements for all share-based payments based on the grant date fair value estimated in accordance with the provisions of ASC 718 “Stock
Compensation”.
For the three months ended March 31, 2025, and
2024, we recorded stock-based compensation costs in the amount of $ 717,000 and $ 832,000 , respectively. As of March 31, 2025, unrecognized
stock-based compensation costs to be recognized over future periods equaled $ 2.3 million. This amount will be recognized as expense over
a weighted-average period of 0.8 years.
11
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
The following represents stock option activity
for the three months ended March 31, 2025:
Schedule of stock option activity
Weighted
Number of
Weighted
Average
Shares
Average
Remaining
(in thousands)
Exercise Price
Contractual Term
Options outstanding at the beginning of period
6,097
$ 5.39
N/A
Granted
–
–
N/A
Exercised
( 70 )
3.49
N/A
Forfeited
–
–
N/A
Options outstanding at the end of period
6,027
$ 5.41
2.46 years
Options exercisable at the end of period
5,204
$ 4.94
2.24 years
The following table presents the price distribution
of stock options outstanding and exercisable for the years ended March 31, 2025 and December 31, 2024:
Schedule of price distribution of stock options outstanding and exercisable
Number of shares as of
Number of shares as of
March 31, 2025
December 31, 2024
Outstanding
Exercisable
Outstanding
Exercisable
Range of exercise prices:
(In thousands)
(In thousands)
$2.00 - $2.99
1,197
1,197
1,197
1,197
$3.00 - $3.99
1,955
1,955
2,026
2,026
$4.00 - $4.99
1,262
972
1,262
972
$10.00 - $10.99
1,613
1,080
1,612
892
Total shares
6,027
5,204
6,097
5,087
At March 31, 2025, the aggregate intrinsic value
of options outstanding and exercisable was $ 22.2 million and $ 21.1 million, respectively. There were 70,000 options exercised for the
three months ended March 31, 2025, compared to 180,000 for the comparable period in 2024. The total intrinsic value of options exercised
was $ 390,000 and $ 716,000 for the three-month periods ended March 31, 2025, and 2024. There were 2,984,000 shares available for future
stock option grants under existing plans as of March 31, 2025.
12
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
Purchases of Company Stock
The table below describes the purchase of our
common stock for the three months ended March 31, 2025, and 2024:
Schedule of purchase of our common stock
Three Months Ended
March 31, 2025
March 31, 2024
Shares
Avg. Price
Shares
Avg. Price
Open market purchases
–
$ –
101,355
$ 8.51
Shares redeemed upon net exercise of stock options
–
–
105,758
7.89
Total stock purchases
–
$ –
207,113
$ 8.19
Reclassifications
Some items in the prior year financial statements
were reclassified to conform to the current presentation. Reclassifications had no effect on net income or shareholders’ equity.
Financial Covenants
Certain of our securitization
transactions, our warehouse credit facilities and our residual interest financing contain various financial covenants requiring minimum
financial ratios and results. Such covenants include maintaining minimum levels of liquidity and net worth and not exceeding maximum leverage
levels. As of March 31, 2025, we were in compliance with all such covenants. In addition, certain of our debt agreements other than our
term securitizations contain cross-default provisions. Such cross-default provisions would allow the respective creditors to declare a
default if an event of default occurred with respect to other indebtedness of ours, but only if such other event of default were to be
accompanied by acceleration of such other indebtedness.
Provision for Contingent
Liabilities
We are routinely involved
in various legal proceedings resulting from our consumer finance activities and practices, both continuing and discontinued. Our legal
counsel has advised us on such matters where, based on information available at the time of this report, there is an indication that it
is both probable that a liability has been incurred and the amount of the loss can be reasonably determined.
Recent Accounting Pronouncements
In December 2023, the FASB issued ASU No. 2023-09,
“Income Taxes (Topic 740),” which is intended to provide greater transparency in various income tax components that affect the
rate reconciliation based on the applicable taxing jurisdictions, as well as the qualitative and quantitative aspects of those components.
This new standard will be effective for annual reporting periods beginning on or after December 15, 2024, with early adoption permitted.
The Company is currently evaluating the impact of ASU 2023-09; however, at the current time, the Company does not believe this ASU will
have a material impact on its consolidated financial statements.
13
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
(2) Finance Receivables
Our portfolio of finance receivables
consists of small-balance homogeneous contracts comprising a single segment and class that is collectively evaluated for impairment on
a portfolio basis according to delinquency status. Our contract purchase guidelines are designed to produce a homogenous portfolio. For
key terms such as interest rate, length of contract, monthly payment and amount financed, there is relatively little variation from the
average for the portfolio. We report delinquency on a contractual basis. Once a contract becomes greater than 90 days delinquent, we do
not recognize additional interest income until the obligor under the contract makes sufficient payments to be less than 90 days delinquent.
Any payments received on a contract that is greater than 90 days delinquent are first applied to accrued interest and then to principal
reduction.
In January 2018 the Company
adopted the fair value method of accounting for finance receivables acquired after 2017. Finance receivables measured at fair value are
recorded separately on the Company’s Balance Sheet and are excluded from all tables in this footnote.
We consider an automobile contract delinquent
when an obligor fails to make at least 90% of a contractually due payment by the following due date, which date may have been extended
within limits specified in the servicing agreements. The period of delinquency is based on the number of days payments are contractually
past due, as extended where applicable. Automobile contracts less than 31 days delinquent are not reported as delinquent. In certain
circumstances we will grant obligors one-month payment extensions. The only modification of terms is to advance the obligor’s next
due date by one month and extend the maturity date of the receivable by one month. In certain limited cases, a two-month extension may
be granted. There are no other concessions, such as a reduction in interest rate, forgiveness of principal or of accrued interest. Accordingly,
we consider such extensions to be insignificant delays in payments. The following table summarizes the delinquency status of finance
receivables as of March 31, 2025, and December 31, 2024:
Schedule of delinquency status of finance receivables
March 31,
December 31,
2025
2024
Delinquency Status
(In thousands)
Current
$ 1,735
$ 2,994
31-60 days
645
1,184
61-90 days
554
971
91 + days
175
271
$ 3,109
$ 5,420
Finance receivables totaling
$ 175,000 and $ 271,000 at March 31, 2025, and December 31, 2024, respectively, have been placed on non-accrual status as a result of their
delinquency status.
Allowance for Credit Losses
– Finance Receivables
The allowance for credit losses
is a valuation account that is deducted from the amortized cost basis of finance receivables to present the net amount expected to be
collected. Charge offs are deducted from the allowance when management believes that collectability is unlikely.
Management estimates the allowance
using relevant available information, from internal and external sources, relating to past events, current conditions and, reasonable
and supportable forecasts. We believe our historical credit loss experience provides the best basis for the estimation of expected credit
losses. Consequently, we use historical loss experience for older receivables, aggregated into vintage pools based on their calendar quarter
of origination, to forecast expected losses for less seasoned quarterly vintage pools.
14
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
We measure the weighted average
monthly incremental change in cumulative net losses for the vintage pools in the relevant historical period. For the pools in the relevant
historical period, we consider each pool’s performance from its inception through the end of the current period. We then apply the
results of the historical analysis to less seasoned vintage pools beginning with each vintage pool’s most recent actual cumulative
net loss experience and extrapolating from that point based on the historical data. We believe the pattern and magnitude of losses on
older vintages allows us to establish a reasonable and supportable forecast of less seasoned vintages.
Our contract purchase guidelines
are designed to produce a homogenous portfolio. For key credit characteristics of individual contracts such as obligor credit history,
job stability, residence stability and ability to pay, there is relatively little variation from the average for the portfolio. Similarly,
for key structural characteristics such as loan-to-value, length of contract, monthly payment and amount financed, there is relatively
little variation from the average for the portfolio. Consequently, we do not believe there are significant differences in risk characteristics
between various segments of our portfolio.
Our methodology incorporates
historical pools that are sufficiently seasoned to capture the magnitude and trends of losses within those vintage pools. Furthermore,
the historical period encompasses a substantial volume of receivables over periods that include fluctuations in the competitive landscape,
the Company’s rates of growth, size of our managed portfolio and fluctuations in economic growth and unemployment.
In consideration of the depth
and breadth of the historical period, and the homogeneity of our portfolio, we generally do not adjust historical loss information for
differences in risk characteristics such as credit or structural composition of segments of the portfolio or for changes in environmental
conditions such as changes in unemployment rates, collateral values or other factors. Throughout our history we have observed how events
such as extreme weather, political unrest, and other qualitative factors have influenced the performance of our portfolio. Consequently,
we have considered how such qualitative factors may affect future credit losses and have incorporated our judgement of the effect of those
factors into our estimates.
The following table presents
the amortized cost basis of our finance receivables by annual vintage as of March 31, 2025, and December 31, 2024:
Schedule of finance receivables by annual vintage
March 31,
December 31,
2025
2024
(In thousands)
Annual Vintage Pool
2015 and prior
158
294
2016
739
1,336
2017
2,212
3,790
$ 3,109
$ 5,420
The following table presents
a summary of the activity for the allowance for finance credit losses for the three-month periods ended March 31, 2025, and 2024:
Schedule of allowance for finance credit losses
Three Months Ended
March 31,
2025
2024
(In thousands)
Balance at beginning of period
$ 433
$ 2,869
Provision for credit losses on finance receivables
( 979 )
( 1,635 )
Charge-offs
( 329 )
( 1,001 )
Recoveries
1,124
1,657
Balance at end of period
$ 249
$ 1,890
15
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
The following table presents
the gross charge-offs by year of origination of our finance receivables for the three-month periods ended March 31, 2025, and 2024:
Schedule of gross charge-off
Three Months Ended
March 31,
2025
2024
(In thousands)
Annual Vintage Pool
2014 and prior
$ 135
$ 70
2015
27
115
2016
105
377
2017
62
481
Applied against repos in inventory (net)
–
( 42 )
$ 329
$ 1,001
(3) Securitization Trust Debt
We have completed many
securitization transactions that are structured as secured borrowings for financial accounting purposes. The debt issued in these transactions
is shown on our Unaudited Condensed Consolidated Balance Sheets as “Securitization trust debt,” and the components of such
debt are summarized in the following table:
Schedule of securitization trust debt
Weighted
Average
Final
Receivables
Outstanding
Outstanding
Contractual Debt
Scheduled
Pledged at
Principal at
Principal at
Interest Rate at
Payment
March 31,
Initial
March 31,
December 31,
March 31,
Series
Date (1)
2025 (2)
Principal
2025
2024
2025
(Dollars in thousands)
CPS 2020-C
November 2027
22,486
252,200
17,548
22,453
4.95 %
CPS 2021-A
March 2028
26,575
230,545
19,067
22,396
2.50 %
CPS 2021-B
June 2028
34,772
240,000
27,234
31,903
3.41 %
CPS 2021-C
September 2028
54,285
291,000
42,922
49,739
2.55 %
CPS 2021-D
December 2028
75,514
349,202
62,973
72,090
3.39 %
CPS 2022-A
April 2029
85,515
316,800
66,736
77,872
3.61 %
CPS 2022-B
October 2029
136,495
395,600
115,569
132,002
5.83 %
CPS 2022-C
April 2030
163,166
391,600
122,681
141,176
6.76 %
CPS 2022-D
June 2030
141,231
307,018
121,637
135,857
9.08 %
CPS 2023-A
August 2030
170,620
324,768
128,500
146,020
6.97 %
CPS 2023-B
November 2030
185,817
332,885
152,296
172,154
7.10 %
CPS 2023-C
February 2031
180,556
291,732
156,898
175,219
6.98 %
CPS 2023-D
May 2031
194,089
286,149
171,113
191,621
7.71 %
CPS 2024-A
August 2031
207,289
280,924
185,746
206,348
6.26 %
CPS 2024-B
November 2031
259,400
319,871
239,755
262,768
6.42 %
CPS 2024-C
March 2032
376,172
436,310
348,842
379,254
6.24 %
CPS 2024-D
June 2032
388,933
416,816
359,232
390,983
5.20 %
CPS 2025-A
August 2032
443,564
442,420
420,527
–
5.37 %
–
$ 3,146,479
$ 5,905,840
$ 2,759,276
$ 2,609,855
_________________
(1) The Final Scheduled Payment
Date represents final legal maturity of the securitization trust debt. Securitization trust
debt is expected to become due and to be paid prior to those dates, based on amortization of
the finance receivables pledged to the trusts. Expected payments, which will depend on the performance
of such receivables, as to which there can be no assurance, are $ 810.2 million in 2025, $ 810.4
million in 2026, $ 548.7 million in 2027, $ 329.7 million in 2028, $ 171.8 million in 2029, $ 70.7
million in 2030, and $ 1.7 million in 2031.
(2) Includes repossessed assets that are included in Other
assets on our Unaudited Condensed Consolidated Balance Sheet.
16
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
Debt issuance costs of $ 16 .0
million and $ 15.5 million as of March 31, 2025, and December 31, 2024, respectively, have been excluded from the table above. These debt
issuance costs are presented as a direct deduction to the carrying amount of the Securitization trust debt on our Consolidated Balance
Sheets.
All of the securitization trust
debt was sold in private placement transactions to qualified institutional buyers. The debt was issued through our wholly-owned bankruptcy
remote subsidiaries and is secured by the assets of such subsidiaries, but not by our other assets.
The terms of the various securitization
agreements related to the issuance of the securitization trust debt require that certain delinquency and credit loss criteria be met with
respect to the collateral pool, and require that we maintain minimum levels of liquidity and net worth and not exceed maximum leverage
levels. We were in compliance with all such covenants as of March 31, 2025.
We are responsible for the administration
and collection of the contracts. The securitization agreements also require certain funds be held in restricted cash accounts to provide
additional credit enhancement for the Notes or to be applied to make payments on the securitization trust debt. As of March 31, 2025,
restricted cash under the various agreements totaled approximately $ 153.6 million. Interest expense on the securitization trust debt is
composed of the stated rate of interest plus amortization of additional costs of borrowing. Additional costs of borrowing include facility
fees, insurance premiums, amortization of deferred financing costs, and amortization of discounts required on the notes at the time of
issuance. Deferred financing costs related to the securitization trust debt are amortized using the interest method. Accordingly, the
effective cost of borrowing of the securitization trust debt is greater than the stated rate of interest.
Our wholly-owned, bankruptcy remote subsidiaries
were formed to facilitate the above asset-backed financing transactions. Similar bankruptcy remote subsidiaries issue the debt outstanding
under our warehouse line of credit. Bankruptcy remote refers to a legal structure in which it is expected that the applicable entity would
not be included in any bankruptcy filing by its parent or affiliates. All of the assets of these subsidiaries have been pledged as collateral
for the related debt. All such transactions, treated as secured financings for accounting and tax purposes, are treated as sales for all
other purposes, including legal and bankruptcy purposes. None of the assets of these subsidiaries are available to pay any of our other
creditors.
17
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
(4) Debt
The terms and amounts of
our other debt outstanding at March 31, 2025, and December 31, 2024, are summarized below:
Schedule of debt outstanding
Amount Outstanding at
March 31,
December 31,
2025
2024
(In thousands)
Description
Interest Rate
Subordinate Lender
Interest Rate
Maturity
Warehouse lines of credit
3.00% over CP yield rate (Minimum 3.75%) 7.38% and 7.52% at March 31, 2025 and December 31 2024, respectively
6.40% over SOFR yield rate (Minimum 7.15%) 10.95% and 11.09% at March 31, 2025 and December 31, 2024, respectively
July 2026
$ 280,400
$ 269,602
Warehouse lines of credit
4.50% over a commercial paper rate (Minimum 7.50%) 8.82% and 8.90% at March 31 2025, and December 31 2024, respectively
March 2026
88,988
145,597
Residual interest financing
7.86 %
June 2026
50,000
50,000
Residual interest financing
11.50 %
March 2029
50,000
50,000
Residual interest financing
11.00 %
June 2032
65,000
–
Subordinated renewable notes
Weighted average rate of 9.18 % and 9.24 % at March 31, 2025 and December 31, 2024, respectively
Weighted average maturity of April 2027 and December 2026 at March 31, 2025 and December 31, 2024, respectively
27,547
26,489
$ 561,935
$ 541,688
18
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
On March 20, 2025, we completed a $ 65 million
securitization of residual interests from previously issued securitizations. In the transaction, a qualified institutional buyer purchased
$ 65 .0 million of asset-backed notes secured by an 80% interest in a CPS affiliate that owns the residual interests in five CPS securitizations
issued from October 2023 through September 2024. The sold notes (“2025-1 Notes”), issued by CPS Auto Securitization Trust
2025-1, consist of a single class with a coupon of 11.00%. At March 31, 2025, there was $ 65 .0 million outstanding under this facility.
On December 19, 2024, we increased the capacity
of our revolving credit agreement with Citibank, N.A., to $ 335 million. This follows the November 2024 closing of a revolving credit agreement
with Oaktree Capital Management, which is subordinate to our credit agreement with Citibank, N.A. The facility provides effective advances
up to 10.00% of eligible finance receivables, effectively increasing the advance rate up to 95% across the facility for eligible receivables.
The revolving credit agreement with Citibank, N.A. was last renewed in July 2024, extending the maturity date to July 2026 followed by
an amortization period through July 2027 for any receivables pledged at the end of the revolving period. There was $ 280.4 million outstanding
under this facility at March 31, 2025.
On March 29, 2024, we renewed our two-year $ 200
million revolving credit agreement with Ares Agent Services, L.P. The revolving period for this facility was extended to March 2026 followed
by an amortization period through March 2028 for any receivables pledged at the end of the revolving period. There was $ 89 .0 million outstanding
under this facility at March 31, 2025.
On March 22, 2024, we completed a $ 50 million
securitization of residual interests from previously issued securitizations. In the transaction, a qualified institutional buyer purchased
$ 50 .0 million of asset-backed notes secured by an 80% interest in a CPS affiliate that owns the residual interests in five CPS securitizations
issued from January 2022 through January 2023. The sold notes (“2024-1 Notes”), issued by CPS Auto Securitization Trust 2024-1,
consist of a single class with a coupon of 11.50%. At March 31, 2025, there was $ 50 .0 million outstanding under this facility.
On June 30, 2021, we completed a $ 50 million securitization
of residual interests from previously issued securitizations. In this residual interest financing transaction, qualified institutional
buyers purchased $ 50 .0 million of asset-backed notes secured by residual interests in eleven CPS securitizations consecutively issued
from January 2018 and September 2020. The sold notes (“2021-1 Notes”), issued by CPS Auto Securitization Trust 2021-1, consist
of a single class with a coupon of 7.86%. At March 31, 2025, there was $ 50 .0 million outstanding under this facility
Unamortized debt issuance costs of $ 1.6 million
and $ 824,000 as of March 31, 2025, and December 31, 2024, respectively, have been excluded from the amount reported above for residual
interest financing. Similarly, unamortized debt issuance costs of $ 3.7 million and $ 4.3 million as of March 31, 2025, and December 31,
2024, respectively, have been excluded from the Warehouse lines of credit amounts in the table above. These debt issuance costs are presented
as a direct deduction to the carrying amount of the debt on our Unaudited Condensed Consolidated Balance Sheets.
19
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
(5) Interest Income and Interest Expense
The following table presents the components of interest
income:
Schedule of interest
income
Three Months Ended
March 31,
2025
2024
(In thousands)
Interest on finance receivables
$ 1,171
$ 2,337
Interest on finance receivables at fair value
99,567
80,505
Other interest income
1,195
1,446
Interest income
$ 101,933
$ 84,288
The following table presents the components of
interest expense:
Schedule of interest expense
Three Months Ended
March 31,
2025
2024
(In thousands)
Securitization trust debt
$ 45,044
$ 35,932
Warehouse lines of credit
6,513
4,321
Residual interest financing
2,715
1,209
Subordinated renewable notes
646
506
Interest expense
$ 54,918
$ 41,968
(6) Earnings Per Share
Earnings per share for
the three-month periods ended March 31, 2025, and 2024 were calculated using the weighted average number of shares outstanding
for the related period. The following table reconciles the number of shares used in the computations of basic and diluted earnings
per share for the three-month periods ended March 31, 2025, and 2024:
Schedule of earnings per share
Three Months Ended
March 31,
2025
2024
(In thousands)
Weighted average number of common shares outstanding during the period used to compute basic earnings per share
21,444
21,143
Incremental common shares attributable to exercise of outstanding options and warrants
2,881
3,459
Weighted average number of common shares used to compute diluted earnings per share
24,325
24,602
If the anti-dilutive
effects of common stock equivalents were considered, shares included in the diluted earnings per share calculation for the three
months ended March 31, 2025, would have included an additional 1.4
million shares attributable to the exercise of outstanding options and warrants. For the three
months ended March 31, 2024, 1.7
million shares, would be included in the diluted earnings per share calculation.
20
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
(7) Income Taxes
We file numerous consolidated
and separate income tax returns with the United States and with many states. With few exceptions, we are no longer subject to U.S. federal,
state, or local examinations by tax authorities for years before 2015.
As of March 31, 2025, and
December 31, 2024, we had no unrecognized tax benefits for uncertain tax positions. We do not anticipate that total unrecognized tax benefits
will significantly change due to any settlements of audits or expirations of statutes of limitations over the next 12 months.
The Company and its subsidiaries
file a consolidated federal income tax return and combined or stand-alone state franchise tax returns for certain states. We utilize the
asset and liability method of accounting for income taxes, under which deferred income taxes are recognized for the future tax consequences
attributable to the differences between the financial statement values of existing assets and liabilities and their respective tax bases.
Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the years in which those
temporary differences are expected to be recovered or settled. The effect on deferred taxes of a change in tax rates is recognized in
income in the period that includes the enactment date.
Deferred tax assets are recognized
subject to management’s judgment that realization is more likely than not. A valuation allowance is recognized for a deferred tax
asset if, based on the weight of the available evidence, it is more likely than not that some portion of the deferred tax asset will not
be realized. In making such judgments, significant weight is given to evidence that can be objectively verified. Although realization
is not assured, we believe that the realization of the recognized net deferred tax asset of $ 826,000 as of March 31, 2025, is more likely
than not based on forecasted future net earnings. Our net deferred tax asset of $ 826,000 consists of approximately $ 338,000 of net U.S.
federal deferred tax assets and $ 488,000 of net state deferred tax assets.
Income tax expense was $ 2.1
million for the three months ended March 31, 2025, representing effective income tax rates of 31 %, compared to income tax expense of $ 2 .0
million for the three months ended March 31, 2024, and representing effective income tax rates of 30 % respectively.
(8) Legal Proceedings
Consumer
Litigation. We are routinely involved in various legal proceedings resulting from our consumer finance
activities and practices, both continuing and discontinued. Consumers can and do initiate lawsuits against us alleging violations of law
applicable to collection of receivables, and such lawsuits sometimes allege that resolution as a class action is appropriate. For the
most part, we have legal and factual defenses to consumer claims, which we routinely contest or settle (for immaterial amounts) depending
on the particular circumstances of each case.
Following
our filing of a complaint for a deficiency judgment in the Superior Court at Waterbury, Connecticut, the defendant filed a cross-claim
on October 16, 2019, alleging that our deficiency notices were not compliant with Connecticut law, and seeking relief on behalf of a class
of Connecticut obligors whose vehicles we had repossessed. The complaint seeks primarily damages, injunctive relief, waiver of contract
deficiencies, and attorney fees and interest. The defendant’s contract provided for resolution of disputes exclusively by arbitration,
and exclusively on an individual basis, not a class basis. Nevertheless, in August 2021, the court denied our motion to compel arbitration,
without opinion. In April 2024, a motion for certification of a class was filed. Prior to the motion being ruled upon, summary judgment
was granted in our favor, disposing of the claims against CPS. An appeal of the summary judgment ruling was filed on October 25, 2024,
and we filed a cross appeal of the denial of the motion to compel arbitration on October 31, 2024.
21
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
In General.
There can be no assurance as to the outcomes of the matters described or referenced above. We record
at each measurement date, most recently as of March 31, 2025, our best estimate of probable incurred losses for legal contingencies, including
the matters identified above. The amount of losses that may ultimately be incurred cannot be estimated with certainty. However, based
on such information as is available to us, we believe that the range of reasonably possible losses for the legal proceedings and contingencies
we face, including those described or identified above, as of March 31, 2025, does not exceed $ 3.2 million.
Accordingly,
we believe that the ultimate resolution of such legal proceedings and contingencies should not have a material adverse effect on our consolidated
financial condition. We note, however, that in light of the uncertainties inherent in contested proceedings there can be no assurance
that the ultimate resolution of these matters will not be material to our operating results for a particular period, depending on, among
other factors, the size of the loss or liability imposed and the level of our income for that period.
(9) Fair Value Measurements
ASC 820, “Fair Value
Measurements” clarifies the principle that fair value should be based on the assumptions market participants would use when pricing
an asset or liability and establishes a fair value hierarchy that prioritizes the information used to develop those assumptions. Under
the standard, fair value measurements would be separately disclosed by level within the fair value hierarchy.
ASC 820 defines fair value,
establishes a framework for measuring fair value, establishes a three-level valuation hierarchy for disclosure of fair value measurement
and enhances disclosure requirements for fair value measurements. The three levels are defined as follows: level 1 - inputs to the valuation
methodology are quoted prices (unadjusted) for identical assets or liabilities in active markets; level 2 – inputs to the valuation
methodology include quoted prices for similar assets and liabilities in active markets, and inputs that are observable for the asset or
liability, either directly or indirectly, for substantially the full term of the financial instrument; and level 3 – inputs to the
valuation methodology are unobservable and significant to the fair value measurement.
Effective January 2018 we
have elected to use the fair value method to value our portfolio of finance receivables acquired in January 2018 and thereafter.
Our valuation policies and
procedures have been developed by our Accounting department in conjunction with our Risk department and with consultation with outside
valuation experts. Our policies and procedures have been approved by our Chief Executive and our Board of Directors and include methodologies
for valuation, internal reporting, calibration and back testing. Our periodic review of valuations includes an analysis of changes in
fair value measurements and documentation of the reasons for such changes. There is little available third-party information such as broker
quotes or pricing services available to assist us in our valuation process.
Our level 3, unobservable
inputs reflect our own assumptions about the factors that market participants use in pricing similar receivables and are based on the
best information available in the circumstances. They include such inputs as estimates for the magnitude and timing of net charge-offs
and the rate of amortization of the portfolio of finance receivable. Significant changes in any of those
inputs in isolation would have a significant effect on our fair value measurement.
For the quarter ended March
31, 2025, the Company evaluated the appropriate fair value and future earnings rate of existing receivables compared to recently acquired
receivables and our assessment of potential additional future net losses on the portfolio of finance receivables carried at fair value
and did not record a mark down to that portfolio.
22
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
The table below presents
a reconciliation of the finance receivables measured at fair value on a recurring basis using significant unobservable inputs:
Schedule of reconciliation of the finance receivables measured at fair value on a recurring basis
Three Months Ended
March 31,
2025
2024
(In thousands)
Balance at beginning of period
$ 3,313,767
$ 2,722,662
Finance receivables at fair value acquired during period
449,602
328,893
Payments received on finance receivables at fair value
( 252,856 )
( 210,935 )
Net interest income accretion on fair value receivables
( 64,907 )
( 54,247 )
Mark to fair value
3,500
5,000
Balance at end of period
$ 3,449,106
$ 2,791,373
The table below compares
the fair values of these finance receivables to their contractual balances for the periods shown:
Schedule of finance receivables to their contractual balances
March 31, 2025
December 31, 2024
Contractual
Fair
Contractual
Fair
Balance
Value
Balance
Value
(In thousands)
Finance receivables measured at fair value
$ 3,611,445
$ 3,449,106
$ 3,485,540
$ 3,313,767
The following table provides
certain qualitative information about our level 3 fair value measurements:
Schedule of level 3 fair value measurements
Financial Instrument
Fair Values as of
Weight Avg. Inputs as of
March 31,
December 31,
March 31,
December 31,
2025
2024
Unobservable
2025
2024
(In thousands)
Assets:
Finance receivables measured at fair value
$ 3,449,106
$ 3,313,767
Discount rate
11.37%
11.37%
Cumulative net losses
15.73%
15.47%
23
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
The following table summarizes
the delinquency status of these finance receivables measured at fair value as of March 31, 2025 and December 31, 2024:
Schedule of delinquency status of finance receivables measured at fair value
March 31,
December 31,
2025
2024
(In thousands)
Delinquency Status
Current
$ 3,166,583
$ 2,969,864
31 - 60 days
194,950
241,883
61 - 90 days
95,158
113,662
91 + days
60,862
64,810
Repo
93,892
95,321
$ 3,611,445
$ 3,485,540
There were no transfers in
or out of level 1, level 2 or level 3 assets and liabilities for the three months ended March 31, 2025, and 2024.
The estimated fair values
of financial assets and liabilities at March 31, 2025, and December 31, 2024, were as follows:
Schedule of fair values of financial assets and liabilities
As of March 31, 2025
Financial Instrument
(In thousands)
Carrying
Fair Value Measurements Using:
Value
Level 1
Level 2
Level 3
Total
Assets:
Cash and cash equivalents
$ 29,841
$ 29,841
$ –
$ –
$ 29,841
Restricted cash and equivalents
153,637
153,637
–
–
153,637
Finance receivables, net
2,860
–
–
2,473
2,473
Accrued interest receivable
37
–
–
37
37
Liabilities:
Warehouse lines of credit
$ 365,683
$ –
$ –
$ 365,683
$ 365,683
Residual interest financing
163,391
163,391
163,391
Accrued interest payable
11,209
–
–
11,209
11,209
Securitization trust debt
2,743,269
–
–
2,733,488
2,733,488
Subordinated renewable notes
27,547
–
–
27,547
27,547
24
CONSUMER PORTFOLIO SERVICES, INC. AND SUBSIDIARIES
NOTES TO UNAUDITED CONDENSED CONSOLIDATED
FINANCIAL STATEMENTS
As of December 31, 2024
Financial Instrument
(In thousands)
Carrying
Fair Value Measurements Using:
Value
Level 1
Level 2
Level 3
Total
Assets:
Cash and cash equivalents
$ 11,713
$ 11,713
$ –
$ –
$ 11,713
Restricted cash and equivalents
125,684
125,684
–
–
125,684
Finance receivables, net
4,987
–
–
3,996
3,996
Accrued interest receivable
65
–
–
65
65
Liabilities:
Warehouse lines of credit
$ 410,898
$ –
$ –
$ 410,898
$ 410,898
Accrued interest payable
10,663
–
–
10,663
10,663
Securitization trust debt
2,594,384
–
–
2,614,352
2,614,352
Subordinated renewable notes
26,489
–
–
26,489
26,489
10) Business Segment
Information
The company has one reportable
segment. This determination is made by our Chief Executive Officer, who acts as the chief operating decision-maker (“CODM”),
in assessing performance and making decisions regarding resource allocation. The CODM assesses performance by reviewing the consolidated
financial statements, which reflect the financial results of our one reportable operating segment.
Within the Company’s one
reportable segment, it provides indirect vehicle financing to motor vehicle dealer’s less credit- worthy borrowers. The Company’s
revenue primarily consists of interest income and is derived from the interest recorded on contracts the Company has purchased, The revenue
generated from any individual borrower is deemed to be immaterial.
(11) Subsequent Events
On May 12, 2025, we executed
our second securitization of 2025. In the transaction, qualified institutional buyers purchased $419.95 million of asset-backed notes
secured by $439.29 million in automobile receivables originated by CPS. The sold notes, issued by CPS Auto Receivables Trust 2025-B, consist
of five classes. Ratings of the notes were provided by Standard & Poor’s and DBRS Morningstar, and were based on the structure
of the transaction, the historical performance of similar receivables and CPS’s experience as a servicer. The weighted average yield
on the notes is approximately 5.96%.
25
Cautionary Note Regarding
Forward-Looking Statements
Discussions of certain matters
contained in this report may constitute forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as
amended (the “Securities Act”) and Section 21E of the Exchange Act, and as such, may involve risks and uncertainties. You
can generally identify forward-looking statements as statements containing the words “will,” “would,” “believe,”
“may,” “could,” “expect,” “anticipate,” “intend,” “estimate,”
“judgment,” “assume,” “plans,” “goals, “strategy,” “future,” “likely,”
“should” or other similar expressions.
Examples of forward-looking
statements include, among others, statements we make regarding:
· charge-offs and recovery rates;
· the willingness or ability of obligors to pay pursuant to contractual terms;
· our ability to enforce rights under contracts;
· our ability to and rates at which we plan to acquire automobile contracts;
· the anticipated levels of recoveries upon sale of repossessed vehicles;
· revenues or expenses;
· provisions for credit losses;
· expected industry and general economic trends;
· accrued losses for legal contingencies;
· anticipated deferred tax assets;
· estimates of taxable income;
· our ability to service and repay our debt;
· the structuring of securitization transactions as secured financings and the effects of such structures
on financial items and future profitability; or
· the effect of the change in structure on our profitability and the duration of the period in which our
profitability would be affected by the change in securitization structure.
Our actual results, performance
and achievements may differ materially from the results, performance and achievements expressed or implied in such forward-looking statements.
Some of the factors that might cause such a difference include, but are not limited to, the following:
· unexpected exogenous events, such as a widespread public health emergency;
· mandates imposed in reaction to such events, such as prohibitions of otherwise permissible activity;
· changes in general economic conditions;
· changes in performance of our automobile contracts;
· increases in interest rates;
· our ability to generate sufficient operating and financing cash flows;
· competition;
· the level of losses incurred on contracts in our managed portfolio;
· adverse decisions by courts or regulators;
· regulatory changes with respect to consumer finance;
· changes in the market for used vehicles;
· levels of cash releases from existing pools of contracts;
· the terms on which we are able to finance contract purchases;
· the willingness or ability of dealers to assign contracts to us on acceptable terms;
· the terms on which we are able to complete term securitizations once contracts are acquired;
· any breach in the security of our systems; and
· such other factors as discussed through the “Risk Factors” section of this report.
Forward-looking statements
are neither historical facts nor guarantees of performance. Instead, they are based only on our current beliefs, expectations and assumptions
regarding the future of our business, plans and strategies, projections, anticipated events and trends, the economy and other uncertain
conditions. Because forward-looking statements relate to the future, they involve risks, uncertainties and assumptions. Actual results
may differ from expectations due to many factors beyond our ability to control or predict, including those described herein, and in any
documents incorporated by reference in this report. Therefore, you should not rely on any of these forward-looking statements. For these
statements, we claim the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform
Act of 1995.
We undertake no obligation to
publicly update any forward-looking information. You are advised to consult any additional disclosure we make in our periodic reports
filed with the SEC.
26
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.