UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM ABS-15G

 

ASSET-BACKED SECURITIZER
REPORT PURSUANT TO SECTION 15G OF
THE SECURITIES EXCHANGE ACT OF 1934

 

Check the appropriate box to indicate the filing obligation to which this form is intended to satisfy:

 

¨Rule 15Ga-1 under the Exchange Act (17 CFR 240.15Ga-1) for the reporting period
 __________ to __________

 

 

 

(Exact name of securitizer as specified in its charter)

 

  Date of Report (Date of earliest event reported)    
       
  Commission File Number of securitizer:    
       
  Central Index Key Number of securitizer:    

 

     
  Name and telephone number, including area code, of the person to
contact in connection with this filing.
 

 

Indicate by check mark whether the securitizer has no activity to report for the initial period pursuant to Rule 15Ga-1(c)(1) ¨

 

Indicate by check mark whether the securitizer has no activity to report for the quarterly period pursuant to Rule 15Ga-1(c)(2)(i) ¨

 

Indicate by check mark whether the securitizer has no activity to report for the annual period pursuant to Rule 15Ga-1(c)(2)(ii) ¨

 

xRule 15Ga-2 under the Exchange Act (17 CFR 240.15Ga-2)

 

FCI Funding 2024-1, LLC

(Exact name of issuing entity as specified in its charter)

 

Central Index Key Number of depositor: 0001570213
Central Index Key Number of issuing entity (if applicable): N/A
Central Index Key Number of underwriter (if applicable): N/A

 

John C. Finch

(904) 224-1201

  Name and telephone number, including area code, of the person to
contact in connection with this filing.
 

 

 

 

 

 

 

PART II - FINDINGS AND CONCLUSIONS OF THIRD-PARTY DUE DILIGENCE REPORTS

 

Item 2.01 Findings and Conclusions of a Third-Party Due Diligence Report Obtained by the Issuer

 

The disclosures required by Rule 15Ga-2 (17 CFR 240.15Ga-2) are attached as an Exhibit to this Form ABS-15G. Please see the Exhibit Index for the related information.

 

 

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the reporting entity has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Dated: July 29, 2024

 

  FIG Capital Investments, LLC, as Depositor
   
  By: FIG Capital Management LLC, Manager of FIG Capital Investments, LLC
   
  By: Finch Investment Group LLC, Managing Member of FIG Capital Management LLC
   
  By: /s/ John C. Finch
  Name: John C. Finch
  Title: Managing Member of Finch Investment Group LLC

 

 

 

 

EXHIBIT INDEX

 

Exhibit Number   Description
99.1   Independent Accountants’ Agreed-Upon Procedures Report, dated July 24, 2024

 

 

 

 

Exhibit 99.1

 

 

Independent Accountants’ Agreed-Upon Procedures Report

 

Finch Investment Group, LLC (the “Company”)
Capital One Securities, Inc.
(together, the “Specified Parties”)

 

Re: FCI Funding 2024-1, LLC – Data File Procedures

 

We have performed the procedures described below on the specified attributes in an electronic data file entitled “2024-1 Lien Data Tape as of 06172024.xlsx” provided by the Company on June 18, 2024, containing information on 56,963 tax liens (the “Tax Liens”) as of May 31, 2024 (the “Data File”), which we were informed are intended to be included as collateral in the offering by FCI Funding 2024-1, LLC. 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 “recomputed” means recalculated and compared the result to the information shown and found it to be in agreement, unless otherwise stated. Such recomputed 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 $0.01 and 0.1%, respectively.

 

·The term “Instructions” means the instructions provided by the Company pertaining to a procedure, attribute, or methodology, as described in Exhibit B.

 

·The term “Sources” means some or all of the following documents for each of the Selected Tax Liens (defined below) provided by the Company:

 

Screenshots represented by the Company to be from the Company’s internal servicing system used to service and maintain the Tax Liens (the “FIG System Screenshots”),

 

 

 

 

 

 

Screenshots represented by the Company to be from a County Assessor Website, County Tax Lien Auction Site, County Tax Lien Auction Summary, County Tax Lien Sale System, Tax Certificate Auction Site, and County Tax Certificate Auction Site,

 

Electronic mail correspondence listing property types and use codes corresponding to the Property Type appearing in the Data File (the “Property Type Listing”),

 

“Penalty Rate Statutory List” containing penalty rates for the State of New Jersey,

 

Scanned copies of the Amended Table of Equalized Valuations 2021 listing the equalized ratio for each county in New Jersey for the purpose of recomputing the Market Value, and the Opinion on the amendments to N.J.S.A. 54:5-61, listing the reimbursable fees for the State of New Jersey for the purpose of comparing the Reimbursable Fee (the “NJ Additional Support”), and

 

Scanned copies of the Mississippi Code Title 27. Taxation and Finance 27-45-3 listing interest rates for the State of Mississippi for the purpose of comparing the Current Interest Rate (the “MS Additional Support”).

 

·The term “Provided Information” means the Instructions and Sources.

 

The procedures we were instructed by the Company to perform and the associated findings are as follows:

 

A.We randomly selected a sample of 100 Tax Liens from the Data File (the “Selected Tax Liens”). A listing of the Selected Tax Liens is attached hereto as Exhibit A. For purposes of this procedure, the Company did not inform us of the basis they used to determine the number of Tax Liens we were instructed to randomly select from the Data File.

 

B.For each Selected Tax Lien, we compared or recomputed the specified attributes in the Data File listed below to or using the corresponding information included in the Sources, utilizing the Instructions, as applicable. The Specified Parties indicated that the absence of any of the information in the Sources or the inability to agree the indicated information from the Data File to the Sources for each of the attributes identified, utilizing the Instructions, as applicable, constituted an exception. The Sources are listed in the order of priority.

 

  Attribute   Sources / Instructions
       
  Purchase Date   County Assessor Website, County Tax Lien Auction Site, County Tax Lien Auction Summary, County Tax Lien Sale System, Tax Certificate Auction Site
       
  Tax Year   County Assessor Website, County Tax Lien Sale System, County Tax Lien Auction Site, Tax Certificate Auction Site
       
  Address   County Assessor Website, County Tax Lien Sale System, County Tax Lien Auction Site, Tax Certificate Auction Site, and Instructions
       
  County   County Assessor Website, County Tax Certificate Auction Site, County Tax Lien Auction Site, County Tax Lien Auction Summary, County Tax Lien Sale System, Tax Certificate Auction Site, and Instructions

 

2

 

 

 

  Attribute   Sources / Instructions
       
  State   County Assessor Website, County Tax Lien Auction Site, County Tax Lien Auction Summary, County Tax Lien Sale System, Tax Certificate Auction Site
       
  Property Type   County Assessor Website, County Tax Lien Auction Site, County Tax Lien Auction Summary, County Tax Lien Sale System, Tax Certificate Auction Site
       
  Current Interest Rate   County Assessor Website, County Tax Lien Auction Site, County Tax Lien Auction Summary, County Tax Lien Sale System, FIG System Screenshot, Tax Certificate Auction Site, MS Additional Support
       
  Current Penalty Rate (applicable to Selected Tax Liens in New Jersey only)   County Tax Lien Sale System, Penalty Rate Statutory List, and Instructions
       
  Tax Amount   County Tax Lien Sale System, County Tax Lien Auction Summary, County Tax Lien Auction Site, County Assessor Website, Tax Certificate Auction Site
       
  Overbid Amount   County Tax Lien Auction Summary, County Tax Lien Auction Site
       
  Reimbursable Fees   NJ Additional Support and Instructions
       
  Market Value (For all Selected Tax Liens not in New Jersey)   County Assessor Website, County Tax Certificate Auction Site, County Tax Lien Auction Site, County Tax Lien Sale System, FIG System Screenshot, Tax Certificate Auction Site.
       
  Market Value (For Selected Tax Liens in New Jersey)   Recompute the Market Value as the Assessed Value contained in the County Tax Lien Auction Site, County Tax Lien Auction Summary, or FIG System Screenshot divided by the equalized ratio for the respective county contained in the NJ Additional Support.
       
  Interest Amount   Recompute as the Total Unpaid Purchase Amount field plus the Redemptive Interest Rate field in the Data File, minus the sum of Redemptive Fees Due field and the Redemptive Penalty Due field in the Data File.
       
  Penalty Amount   Recompute Penalty Amount as the product of Total Unpaid Tax Lien Amount field and the Penalty Rate field in the Data File.
       
  Redemptive Value   Recompute as the sum of (i) the greater of the Total Unpaid Tax Lien Amount field and Total Unpaid Purchase Amount field, (ii) Interest Amount field, (iii) Redemptive Penalty Due field, and (iv) Redemptive Fees Due field in the Data File.
       
  Combined OLTV   Recompute as the Redemptive Value field divided by the Assessed Value field in the Data File.

 

We found such information to be in agreement without exception.

 

3

 

 

 

C.For each Selected Tax Lien, the Company instructed us to confirm that the Bankruptcy field of the Data File is equal to “N.”

 

We found that the Bankruptcy field of the Data File was equal to “N” for all Selected Tax Liens.

 

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 Tax Liens, (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 Tax Liens to stated underwriting or credit extension guidelines, standards, criteria or other requirements, (ii) the value of collateral securing any such Tax Liens being securitized, (iii) the compliance of the originator of the Tax Liens with federal, state, and local laws and regulations, or (iv) any other factor or characteristic of the Tax Liens that would be material to the likelihood that the issuer 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 LLP

 

Irvine, California
July 24, 2024

 

4

 

 

Exhibit A – The Selected Tax Liens

 

Selected Tax Lien
Number
Selected Tax Lien
ID1
Selected Tax Lien
Number
Selected Tax Lien
ID1
1 2024001 51 2024051
2 2024002 52 2024052
3 2024003 53 2024053
4 2024004 54 2024054
5 2024005 55 2024055
6 2024006 56 2024056
7 2024007 57 2024057
8 2024008 58 2024058
9 2024009 59 2024059
10 2024010 60 2024060
11 2024011 61 2024061
12 2024012 62 2024062
13 2024013 63 2024063
14 2024014 64 2024064
15 2024015 65 2024065
16 2024016 66 2024066
17 2024017 67 2024067
18 2024018 68 2024068
19 2024019 69 2024069
20 2024020 70 2024070
21 2024021 71 2024071
22 2024022 72 2024072
23 2024023 73 2024073
24 2024024 74 2024074
25 2024025 75 2024075
26 2024026 76 2024076
27 2024027 77 2024077
28 2024028 78 2024078
29 2024029 79 2024079
30 2024030 80 2024080
31 2024031 81 2024081
32 2024032 82 2024082
33 2024033 83 2024083
34 2024034 84 2024084
35 2024035 85 2024085
36 2024036 86 2024086
37 2024037 87 2024087
38 2024038 88 2024088
39 2024039 89 2024089
40 2024040 90 2024090
41 2024041 91 2024091
42 2024042 92 2024092
43 2024043 93 2024093
44 2024044 94 2024094
45 2024045 95 2024095
46 2024046 96 2024096
47 2024047 97 2024097
48 2024048 98 2024098
49 2024049 99 2024099
50 2024050 100 2024100

 

 

1 The Company has assigned a unique ID number to each Tax Lien in the Data File. The Selected Tax Lien IDs referred to in this Exhibit are not the Company’s Tax Lien ID numbers.

 

A-1

 

 

Exhibit B - Instructions

 

Attribute Instructions
Address When the Address stated in the Data File is “Unknown” compare the Parcel Number stated in the Data File to the corresponding information contained in FIG System Screenshot.
County For Selected Tax Liens in Mississippi, consider the County to be the district name contained in the County Tax Lien Auction Site.
Current Penalty Rate Only Selected Tax Liens in New Jersey have penalty rates. As such, do not perform the procedure on Selected Tax Liens in states other than New Jersey.
Reimbursable Fees Only Selected Tax Liens in New Jersey have reimbursable fees. As such, do not perform the procedure on Selected Tax Liens in states other than New Jersey.

 

B-1