831 N.W.2d 478
Mich. Ct. App.2013Background
- defendant recorded an Affidavit of Allodial Title asserting ownership of real property at 14503 Faust, Detroit; affidavit claimed $100 billion bond and secured party status.
- defendant, a Washitaw Moor claimant, believed all land outside the original colonies Texas belonged to him; no ownership interest supported by prior documents.
- Wayne County deputy register of deeds found no recorded transfer to defendant for Faust or other properties.
- property owner Jesus Martin-Roman foreclosed on the property; defendant threatened the real estate agent, claiming property rights.
- defendant admitted he never purchased the property or obtained ownership through transfer; he filed affidavits to disrupt foreclosures.
- trial court convicted defendant of forgery, uttering and publishing, and encumbering real property without lawful cause based on the false affidavit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit was a false instrument for forgery | Johnson-El; affidavit was false; true ownership lacked. | Johnson-El claimed authority from sovereign status to own land. | Yes; sufficient evidence of falsity and intent to defraud. |
| Whether there was intent to defraud, harass, or intimidate | Proven via defendant's scheme to file allodial affidavits. | No proven intent to harass or defraud. | Sufficient evidence of intent to defraud or harass. |
| Whether uttering/publishing and encumbering without lawful cause were proven | Recording false document created cloud on title and harassed owner. | No lawful encumbrance; no malicious purpose proven. | Proven; recording and presentation to the Register of Deeds established the offenses. |
Key Cases Cited
- People v Hunter, 466 Mich 1 (2002) (establishes standard for sufficiency review)
- People v Grable, 95 Mich App 20 (1980) (elements of forgery and deceit)
- People v Susalla, 392 Mich 387 (1974) (false writing must be a lie)
- People v Reigle, 223 Mich App 34 (1997) (intent to deceive may be inferred from evidence)
- People v Guthrie, 262 Mich App 416 (2004) (minimal circumstantial evidence suffices for intent)
- Perkins v People, 27 Mich 386 (1873) (recording a false mortgage as uttering and publishing)
- People v Caton, 25 Mich 388 (1872) (utter or publish false writings)
- People v Shively, 230 Mich App 626 (1998) (law of uttering and publishing)