Retired Miami-Dade Circuit Judge Ronald Dresnick is facing a lawsuit for allegedly acting without jurisdiction in a foreclosure case when he was on the bench.
Dresnick, now a partner with Kluger Kaplan, entered a $2.37 million final judgment in 2013 for the defunct BankUnited FSB against mortgagor Doris McNulty. The property’s current titleholder now alleges Dresnick entered the judgment without a trial on the merits and away from the foreclosure division.
Coral Gables-based BankUnited filed the foreclosure action against McNulty in 2006. Three years later, the federal government shut down the bank and named the Federal Deposit Insurance Corp. as receiver. The newly chartered BankUnited N.A. acquired the assets and most of the liabilities of the closed bank.
Cesar Balbin got the title from McNulty in a 2011 settlement after lending her $580,000 as a purchase-money mortgage.
Dresnick presided over Balbin’s case against McNulty, and Balbin repeatedly filed to have Dresnick disqualified for allowing “BankUnited counsel to run the show.”
Balbin also claimed Dresnick made erroneous decisions, such as labeling Balbin’s complaint against McNulty a “sham” and allowing a default against McNulty in the foreclosure case to stand, “even though the plaintiff admitted that they had mailed the motion to the wrong address.”
Now Balbin is claiming Dresnick helped commit fraud on the court and civil rights violations. In his Nov. 4 complaint, Balbin alleges Dresnick ruled in the foreclosure action without BankUnited producing the relevant mortgage note. The FDIC has the note because it’s the receiver for BankUnited FSB, Balbin claims.