Attached files
1. DCFS USA LLC is responsible for assessing compliance with the servicing criteria applicable to it set
forth in paragraph (d) of Item 1122 of Regulation AB as of December 31, 2009 and for the period from
October 9, 2009 (date of issuance of the Notes issued by Mercedes-Benz Auto Receivables Trust 2009-1)
through December 31, 2009 (the "Reporting Period"), as set forth in Appendix A hereto. The transactions
covered by this report include publicly issued asset-backed securities transactions involving United States
consumer automotive retail installment sale contracts for which DCFS USA LLC acts as servicer (the
"Platform"). The sole asset-backed securities transaction covered by this report is the Mercedes-Benz
Auto Receivables Trust 2009-1;
2. DCFS USA LLC has engaged certain vendors, which are not servicers as defined by Item 1101(j) of
Regulation AB (the "Vendors"), to perform specific, limited or scripted activities, and DCFS USA LLC
elects to take responsibility for assessing compliance with the servicing criteria or portion of the servicing
criteria applicable to such Vendors' activities as set forth in Appendix A hereto as permitted by
Interpretation 17.06 of the SEC Division of Corporation Finance Manual of Publicly Available Telephone
Interpretations;
3. DCFS USA LLC has determined that the criteria in the column titled "Inapplicable Servicing Criteria"
on Appendix A hereto (collectively, the "Inapplicable Servicing Criteria") are not applicable to DCFS USA
LLC based on the activities DCFS USA LLC performs directly or through its Vendors with respect to the
Platform. The criteria set forth in paragraph (d) of Item 1122 of Regulation AB other than the Inapplicable
Servicing Criteria are referred to as the "Applicable Servicing Criteria";
4. DCFS USA LLC has complied, in all material respects, with the Applicable Servicing Criteria as of
December 31, 2009 and for the Reporting Period with respect to the Platform taken as a whole, except as
described in Appendix B hereto;
5. DCFS USA LLC has not identified and is not aware of any material instance of noncompliance by the
Vendors with the Applicable Servicing Criteria as of December 31, 2009 and for the Reporting Period with
respect to the Platform taken as a whole;
6. DCFS USA LLC has not identified any material deficiency in its policies and procedures to monitor the
compliance by the Vendors with the Applicable Servicing Criteria as of December 31, 2009 and for the
Reporting Period with respect to the Platform taken as a whole; and
7. KPMG LLP, an independent registered public accounting firm, has issued an attestation report on DCFS
USA LLC's compliance with the Applicable Servicing Criteria as of December 31, 2009 and for the
Reporting Period.
March 24, 2010
DCFS USA
or other triggers and events of default in accordance with the
transaction agreements.
policies and procedures are instituted to monitor the third party's
performance and compliance with such servicing activities.
back-up servicer for the pool assets are maintained.
party participating in the servicing function throughout the
reporting period in the amount of coverage required by and
otherwise in accordance with the terms of the transaction
agreements.
custodial bank accounts and related bank clearing accounts no
more than two business days following receipt, or such other
number of days specified in the transaction agreements.
to an investor are made only by authorized personnel.
or distributions, and any interest or other fees charged for such
advances, are made, reviewed and approved as specified in the
transaction agreements.
accounts or accounts established as a form of
overcollateralization, are separately maintained (e.g., with respect
to commingling of cash) as set forth in the transaction agreements.
depository institution as set forth in the transaction agreements.
For purposes of this criterion, "federally insured depository
institution" with respect to a foreign financial institution means a
foreign financial institution that meets the requirements of Rule
240.13k-1(b)(1) of the Securities Exchange Act.
access.
DCFS USA
backed securities related bank accounts, including custodial
accounts and related bank clearing accounts. These reconciliations
are (A) mathematically accurate; (B) prepared within 30 calendar
days after the bank statement cutoff date, or such other number of
days specified in the transaction agreements; (C) reviewed and
approved by someone other than the person who prepared the
reconciliation; and (D) contain explanations for reconciling items.
These reconciling items are resolved within 90 calendar days of
their original identification, or such other number of days
specified in the transaction agreements.
Commission, are maintained in accordance with the transaction
agreements and applicable Commission requirements.
Specifically, such reports (A) are prepared in accordance with
timeframes and other terms set forth in the transaction
agreements; (B) provide information calculated in accordance
with the terms specified in the transaction agreements; (C) are
filed with the Commission as required by its rules and regulations;
and (D) agree with investors' or the trustee's records as to the
total unpaid principal balance and number of pool assets serviced
by the Servicer.
with timeframes, distribution priority and other terms set forth in
the transaction agreements.
days to the Servicer's investor records, or such other number of
days specified in the transaction agreements.
cancelled checks, or other form of payment, or custodial bank
statements.
the transaction agreements or related mortgage loan documents.
the transaction agreements
made, reviewed and approved in accordance with any conditions
or requirements in the transaction agreements.
accordance with the related pool asset documents are posted to the
Servicer's obligor records maintained no more than two business
days after receipt, or such other number of days specified in the
transaction agreements, and allocated to principal, interest or other
items (e.g., escrow) in accordance with the related pool asset
documents.
DCFS USA
Servicer's records with respect to an obligor's unpaid principal
balance.
assets (e.g., loan modifications or re-agings) are made, reviewed
and approved by authorized personnel in accordance with the
transaction agreements and related pool asset documents.
modifications and deeds in lieu of foreclosure, foreclosures and
repossessions, as applicable) are initiated, conducted and
concluded in accordance with the timeframes or other
requirements established by the transaction agreements.
period a pool asset is delinquent in accordance with the
transaction agreements. Such records are maintained on at least a
monthly basis, or such other period specified in the transaction
agreements, and describe the entity's activities in monitoring
delinquent pool assets including, for example, phone calls, letters
and payment rescheduling plans in cases where delinquency is
deemed temporary (e.g., illness or unemployment).
variable rates are computed based on the related pool asset
documents.
accounts): (A) such funds are analyzed, in accordance with the
obligor's pool asset documents, on at least an annual basis, or
such other period specified in the transaction agreements; (B)
interest on such funds is paid, or credited, to obligors in
accordance with applicable pool asset documents and state laws;
and (C) such funds are returned to the obligor within 30 calendar
days of full repayment of the related pool asset, or such other
number of days specified in the transaction agreements.
payments) are made on or before the related penalty or expiration
dates, as indicated on the appropriate bills or notices for such
payments, provided that such support has been received by the
Servicer at least 30 calendar days prior to these dates, or such
other number of days specified in the transaction agreements.
made on behalf of an obligor are paid from the Servicer's funds
and not charged to the obligor, unless the late payment was due to
the obligor's error or omission.
business days to the obligor's records maintained by the Servicer,
or such other number of days specified in the transaction
agreements.
recognized and recorded in accordance with the transaction
agreements.
DCFS USA
1114(a)(1) through (3) or Item 1115 of Regulation AB, is
maintained as set forth in the transaction agreements.
Management's assessment of compliance with the Applicable Servicing Criteria set forth by the Securities
and Exchange Commission in paragraph (d) of Item 1122 of Regulation AB as of December 31, 2009 and
for the Reporting Period, disclosed the following instances of material noncompliance with servicing
criteria 1122(d)(2)(vii)(B), 1122(d)(4)(vi), 1122(d)(4)(vii) and 1122(d)(4)(xiv).
accordance with the transaction agreements.
established by the transaction agreements.
agreements.
of the material noncompliance noted above. Nevertheless, DCFS USA LLC is exploring procedural and
policy changes to achieve full compliance with these requirements.