Assumption: "A mortgage capacity report is just the figure a comparison site gives me, so I can sort it out myself."

Court Reality

A mortgage capacity report is a written statement from a regulated mortgage adviser setting out what a lender would realistically advance to that person, on what basis, and against the housing need being put forward. It has to reflect the real picture: income, existing credit commitments, child maintenance, deposit or share of equity, and age at the end of the term. A calculator figure usually leaves most of that out, and a report that leaves it out is the one most likely to be challenged. In financial remedy proceedings a report like this is normally directed as part of disclosure, rather than left to each party's own say-so. In the Express Financial Remedy pilot the timetable places valuations and mortgage capacity evidence shortly after Form E, so the deadline arrives sooner than most people expect. Reports are usually arranged over days or weeks rather than on the day, which is why the adviser needs to be in place before the direction bites. A McKenzie Friend cannot prepare the report or give mortgage advice; that has to come from a regulated adviser. What they can do is help you work out what the direction is actually asking for, keep the figures you disclose consistent with your Form E, and point you towards advisers who prepare these reports for litigants. Help Network (helpnetwork.co.uk) is one service people use: it prepares court-ready mortgage capacity reports and works alongside solicitors, mediators and McKenzie Friends. Treat any introduction as a starting point rather than a recommendation. Check the adviser's regulation yourself, agree the fee in writing before anything is prepared, and be sure the report addresses the housing case you are actually putting to the court.