Exhibit 33.1
Report on Assessment of Compliance with Applicable Regulation AB Servicing Criteria
1. | Ford Motor Credit Company ("Ford Credit") is responsible for assessing compliance with the servicing criteria applicable to it under paragraph (d) of Item 1122 of Regulation AB, as of and for the year ended December 31, 2006 (the "Reporting Period"), including all servicing criteria except for inapplicable servicing criteria identified in 4 below and the portions of servicing criteria covered by a separate assessment and identified in Appendix A to this report. The transactions covered by this report include asset-backed securities transactions involving automotive retail installment sale contracts completed on or after January 1, 2006 and registered with the Securities Exchange Commission for which Ford Credit acted as servicer (the "Platform"). |
2. | Ford Credit has engaged certain vendors to perform specific, limited or scripted activities, and Ford Credit 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 to this report. |
3. | Except as set forth in paragraph 4 below, Ford Credit used the criteria set forth in paragraph (d) of Item 1122 of Regulation AB to assess the compliance with the applicable servicing criteria. |
4. | The servicing criteria in Item 1122(d)(1)(iii) and (iv), (2)(iii), (3)(i)(D) , (3)(iii), and (4)(ix) through (xiii) are inapplicable to Ford Credit based on the activities it performs, directly or through its vendors (including indenture trustees), with respect to the Platform. |
5. | Ford Credit has complied, in all material respects, with the applicable servicing criteria as of December 31, 2006 and for the Reporting Period with respect to the Platform taken as a whole. |
6. | Ford Credit 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, 2006 and for the Reporting Period with respect to the Platform taken as a whole. |
7. | Ford Credit 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, 2006 and for the Reporting Period with respect to the Platform taken as a whole. |
8. | PricewaterhouseCoopers LLP, a registered public accounting firm, has issued an attestation report on Ford Credit's assessment of compliance with the applicable servicing criteria for the Reporting Period. |
March 19, 2007 | Ford Motor Credit Company |
By: | /s/ Scott R. Stewart |
Scott R. Stewart | |
Vice President - Assistant Treasurer | |
APPENDIX A
Shared Servicing Criteria
Reference | Criteria | Performed Directly by Ford Credit | Performed by Vendor(s) for which Ford Credit is the Responsible Party | Performed by Indenture Trustee(s) or Vendor(s) for which Ford Credit is NOT the Responsible Party |
1122(d)(2)(i) | Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days of receipt, or such other number of days specified in the transaction agreements | Paying to indenture trustee | Depositing to custodial bank accounts | |
1122(d)(2)(ii) | Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel | Paying to indenture trustee | Disbursing to investors | |
1122(d)(2)(iv) | The related accounts for the transaction, such as cash reserve 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 | Providing indenture trustee instructions for opening accounts for the transaction | Establishing and maintaining accounts for the transaction | |
1122(d)(2)(v) | Each custodial account is maintained at a federally insured 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 13k-i(b)(1) of the Securities Exchange Act | Verifying custodial accounts are maintained at a federally insured depository institution | Establishing custodial accounts at a federally insured depository institution | |
1122(d)(3)(ii) | Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements | Providing indenture trustee instructions for making investor distributions | Remitting to investors | |
1122(d)(3)(iv) | Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements | Reconciling custodial bank statements to remittances made by indenture trustee | Reconciling remittances to investors |
1122(d)(4)(i) | Collateral or security on pool assets is maintained as required by the transaction agreements or related pool assets | Maintaining security on financed vehicles and obtaining retail installment sale contracts from dealers | Reviewing financed vehicle titles for lien notation | Maintaining possession of retail installment sale contracts for lien perfection |
1122(d)(4)(ii) | Pool assets and related documents are safeguarded as required by the transaction agreements | Safeguarding of vehicle titles and documents related to retail installment sale contracts | Safeguarding of retail installment sale contracts | |
1122(d)(4)(iv) | Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the applicable 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 | Posting all payments on pool assets to Ford Credit's obligor records within two business days after receipt | Transferring of obligor payments received at lockbox to Ford Credit | |
1122(d)(4)(vi) | Changes with respect to the terms or status of an obligor's pool asset (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 | Making most extensions, due date changes and related changes to obligor's pool asset | Handling some inbound obligor requests for extensions and due date changes |