A New York resident has filed a lawsuit against Wilmington Savings Fund Society, FM Home Loans LLC, and AJ Partners Lending, accusing them of misconduct in handling his mortgage and foreclosure proceedings.
The lawsuit filed by plaintiff Stephane Assoumou centers around a loan he executed with FM Home Loans LLC on February 20, 2020, for $1,365,000. This loan was subsequently transferred to Wilmington Savings Fund Society. According to Assoumou's complaint, Wilmington initiated foreclosure proceedings without proper notification or authority. "The plaintiff was never served with any court papers," the complaint states. The situation escalated when Assoumou discovered the impending sale of his property through an involuntary bankruptcy notice filed by Wilmington on March 4, 2025.
Assoumou claims that Wilmington's actions not only violated statutory notices required by law but also resulted in slander against his property title and credit profile. The lawsuit accuses the defendants of dual tracking—simultaneously pursuing foreclosure while engaging in loan modification discussions—and using false affidavits to justify their actions. These practices allegedly breach federal consumer protection laws and the False Claims Act.
The plaintiff seeks several forms of relief from the court: cancellation and rescission of the property sale, disgorgement of unlawful gains by the defendants, restitution for victims affected by these practices, civil penalties against the defendants for each violation committed under various statutes, including treble damages under the False Claims Act. Additionally, Assoumou demands injunctive relief to prevent further unlawful conduct by these financial institutions.
Assoumou is representing himself in this lawsuit. The case was filed in the United States District Court for the Eastern District of New York under case number 1:25-cv-02104-EK-MMH and is presided over by Judge Eric Komitee.