The PIN Magazine March 2014

Page 53

LAW MATTERS

The sovereign citizen will often sign their name accompanied by the phrase “sui juris,” meaning “of one’s own right.”4 Additionally, sovereigns are sometimes known to sign documents with references to UCC section 1-308, either referring to the section itself or writing “without prejudice.” The document will likely show a number of individuals labeled as “respondents,” “fiduciaries,” or other inappropriate labels. These individuals will often include public officials such as the Secretary of the Treasury, the Attorney General, the District Attorney, the Judge, the Clerk of the Court and so on. Other sovereign citizen indicators include names spelled in all capital letters or interspersed with colons (e.g., JOHN SMITH or Smith: John), signatures followed by the words “under duress,” “Sovereign Living Soul” (SLS), or a copyright symbol ©, personal seals, stamps, or thumb prints in red ink, and the words “accepted for value” Sovereigns will often reference inapplicable

areas of law such as the UCC, admiralty law, “natural law,” and the “common law.”5

Conclusion Real Estate professionals need to be aware of whether they are dealing with an individual with a sovereign citizen mentality. These individuals do not respect traditional property rights or the power of the courts to enforce them, so actions like unlawful detainers and quiet title suits will prove ineffective. Attempts to negotiate or reason with a hardcore sovereign citizen can result in harassment of a personal nature up to and including the filing of fraudulent liens against your own property. Real Estate professionals are encouraged to contact the District Attorney’s Office Real Estate Fraud Unit if you encounter one of these individuals.

David Allen is a Deputy District Attorney in the Riverside County District Attorney’s Real Estate Fraud Unit. Complaints regarding Real Estate Fraud in Riverside County may be submitted to the District Attorney’s Office by going to http:// www.rivcoda.org/opencms/ resources/consumerinfo.html and completing a Real Estate Fraud complaint form.

Southern Poverty Law Center, Sovereigns: A Dictionary of the Peculiar. <http://www.splcenter.org/getinformed/intelligence-report/browse-all-issues/2010/fall/sovereign-idioticon-a-dictionary-of-the> [as of March 27, 2012] FBI Law Enforcement Bulletin (Sep. 2011) http://www.fbi.gov/stats-services/publications/law-enforcementbulletin/september-2011/sovereign-citizens [as of March 27, 2012] 4

FBI Law Enforcement Bulletin (Sep. 2011) http://www.fbi.gov/stats-services/publications/law-enforcementbulletin/september-2011/sovereign-citizens [as of March 27, 2012]you must be able to scare them. You must be able to make them respect you, and that means you must be able to take the offense -- attack them personally.” 5

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