NAD Settles Lawsuit Against Mortgage and Settlement Companies

The National Association of the Deaf (NAD) settled a disability discrimination lawsuit filed against Allied Home Mortgage Capital Corporation, and Maryland settlement companies, Old Line Title & Escrow, LLC and New Columbus Group, LLC. The complaint said that the defendants refused to provide qualified interpreter services for a mortgage refinancing closing meeting.

The lawsuit followed numerous unsuccessful efforts by Mark Bosley, who is deaf, and his wife to secure a qualified sign language interpreter for their refinancing closing meeting. An interpreter was necessary to ensure effective communication and equal participation by Bosley during the meeting. He was forced to provide and pay for interpreter services. "All I wanted was the chance to participate equally in the meeting – to understand the instructions and explanations, and have my questions understood and answered," said Bosley.

Kelby Brick, NAD Director of Law and Advocacy said, "Financing the purchase of a home is an important and complicated process that needs to be understood clearly. Mortgage and settlement companies must provide qualified interpreter services when necessary to communicate effectively with people who are deaf or hard of hearing."

The defendants disputed Bosley's claim and deny any liability, but agreed to reimburse Bosley for the cost of interpreter services he provided and to pay Bosley $1,000.00, plus costs and attorney fees, to settle the matter. Defendants also agreed to provide and pay for qualified interpreter services for future closings or services provided to Bosley, as mandated by Title III of the Americans with Disabilities Act (ADA). They also agreed to adopt and implement a policy of compliance with the ADA which prohibits discrimination based on disability.

"I am glad the NAD supported me through this process," said Bosley. "I hope this will help educate other mortgage and settlement companies to make their services accessible to people who are deaf or hard of hearing."