Law links and verification status · Blank forms. Citation links are generated from extracted text; unverified links, image-only pages and incomplete citations require review. Reference-book links open publisher resources, not exact definitions.
A terminology reference explaining words and concepts used in the material. Use it to look up meanings and compare definitions with the edition and context cited.
Introduction based on title and extracted source text.
Paragraph references are extraction order, including table rows after body paragraphs. Word page numbers depend on layout.
Open document online · Download source file
Pomeroy Equity and Modern Remedies
Collective Souls teaching guide • October 9 2026 • Prepared for Chris Magis Nero
We learn equity by identifying a right, proving a duty and asking for a remedy the court can grant. This guide places definitions next to practical steps, lists Pomeroy’s eleven foundational maxims and seven remedy groups, and maps selected doctrines to current civil, criminal and trust procedures.
Pomeroy organizes doctrines and remedies; he does not give every dispute one compulsory ladder of notices, warrants, default and winding up. The twelve steps below are our teaching framework drawn from those subjects and modern procedure. They are not a quotation or a universal filing sequence. The guide covers the complete framework relevant to our accounting and closure work, rather than every topic in his multivolume treatise. [1–3]
Steps one through six
Steps seven through twelve
The accounting gate
Pomeroy §1421 discusses mutual accounts, substantial complexity or obstacles to adequate legal relief, and a fiduciary relationship involving a duty to account. Identify the actual basis. A mortgage servicer’s accounting responsibilities do not automatically make the borrower a beneficiary of the securitization trust.
The closure gate
A reconciled balance may be zero, positive or a refund owed. Closing an inquiry, settling disputed entries, satisfying a loan and terminating a trust are different events. Name the event, its legal basis and the documents needed to prove completion.
The eleven foundational maxims
Pomeroy lists these eleven maxims together in §363 of Equity Jurisprudence. The definitions below are teaching paraphrases, not additional statutes. Their operation depends on the facts and governing law. [1 §363]
Qui tacet is not one of the eleven maxims in this list. It concerns the possible meaning of silence in circumstances creating a duty to speak; it is not an automatic judgment or a universal rule of contractual acceptance.
Pomeroy remedy groups and definitions
Part Fourth classifies seven remedy groups. These are alternatives or combinations chosen for a particular dispute, not seven mandatory stages. Section references below are to the fourth-edition volume IV scan. [2 §§1315–1421]
Account and remedy vocabulary
These working definitions help learners ask precise questions. Instrument and trust definitions must also be checked against the applicable statute and governing document.
Civil and criminal procedures compared
The connection we can teach is that current laws provide identified ways to correct wrongs and protect interests. Some preserve traditional equitable remedies expressly. There is no general rule that every criminal statute contains a reciprocal commercial remedy. Each proposed remedy needs its own authority, facts, proper claimant and procedure.
Reciprocal duties can exist within a proved legal relationship: a duty to account corresponds to an eligible person’s right to seek an accounting. That relationship must be established. Commercial roles, tax forms or an estate designation do not alone transform a criminal prosecution into a debt-settlement case.
Escalada application and winding up
Our immediate subject is 141 N. Escalada Drive, former Shellpoint loan0578706559 and Fay account0000395028. This example uses correspondence already sent, not a new finding of title, fraud or debt discharge. No court filing is made by this teaching guide.
What makes winding up complete
For this mortgage dispute, require a final ledger, an explanation of the resulting balance, resolution or clear identification of disputed entries, disposition of funds and proof of performance. If a loan is paid or otherwise validly satisfied, obtain the appropriate release or reconveyance. A servicing transfer alone does not satisfy the loan.
For an actual trust that is ending, examine the terminating event and trust terms. Arizona’s trust statutes address reports at termination, distribution to entitled persons, reserves for debts and expenses, and limits on releases. These duties do not apply to a borrower as a trust beneficiary without proof of that status. [9–10]
Quiet consent and the record
Qui tacet consentire videtur means that one who is silent appears to consent. Ask what rule or established relationship imposes a duty to speak, whether notice was received and what legally authorized consequence follows. Record nonresponse accurately. A court judgment, a valid settlement and an unanswered email are different records.
Teaching exercise: take one disputed ledger entry and identify the right, duty, evidence, missing answer, remedy and document that would prove completion. If one is missing, state the missing item rather than assume it.
Primary sources and reading path
Read the named sections, then the controlling law for the chosen forum. Treatise section numbers are reference points; historical examples and remedies must be checked against current law. Current official sources were checked October9,2026. The process table is a teaching synthesis; it is not attributed to Pomeroy as a numbered ladder.
[1] Pomeroy Equity Jurisprudence third edition 1905 volumeI §363 lists the eleven foundational maxims. See also §§364 onward for their operation. https://archive.org/details/nortonequity01pome
[2] Pomeroy Equity Jurisprudence fourth edition volumeIV scan Part Fourth §§1315–1421; seven remedy groups; accounting §§1420–1421; quia timet §§1393–1394. Scan title pages include1919. https://archive.org/details/onequityjurispru04pome
[3] Pomeroy Code Remedies fourth edition 1904 revised by Thomas Bogle Chapters on merger of civil forms, parties, affirmative pleadings and defenses. University of Michigan Law Library edition. https://repository.law.umich.edu/books/57/
[4] United States Courts Federal Rules of Civil Procedure Official current compilation dated December1,2025; consult Rules2,8,18,22,26,34,55,65,66 and70 for the particular procedure. https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf
[5] United States Courts Federal Rules of Criminal Procedure Official current compilation; consult Rules33–35 and41(g), including grounds and time limits. https://www.uscourts.gov/sites/default/files/document/federal-rules-of-criminal-procedure.pdf
[6] Arizona Supreme Court Post Conviction Relief Explains Rule32 versus Rule33, notice, petition, evidence and timeliness. https://www.azcourts.gov/legalinfohub/Legal-Info-Sheets/Criminal/Post-Conviction-Relief
[7] Arizona injunction statute A.R.S.§12-1801. https://www.azleg.gov/ars/12/01801.htm
[8] Arizona declarations and title statutes A.R.S.§12-1831 and§12-1101. https://www.azleg.gov/ars/12/01831.htm ; https://www.azleg.gov/ars/12/01101.htm
[9] Arizona trust remedies and reporting A.R.S.§14-11001 and§14-10813. https://www.azleg.gov/ars/14/11001.htm ; https://www.azleg.gov/ars/14/10813.htm
[10] Arizona distribution on trust termination A.R.S.§14-10817. https://www.azleg.gov/ars/14/10817.htm
[11] Arizona administrative review A.R.S.§12-910; verify the applicable enabling law and appeal deadline. https://www.azleg.gov/ars/12/00910.htm
[12] Arizona commercial law A.R.S.§47-1103(B) expressly includes Law Merchant as supplemental; §§47-1201,47-3301,47-1303,47-1304 and47-1308 address related terms/principles. https://www.azleg.gov/ars/47/01103.htm ; https://www.azleg.gov/ars/47/03301.htm
Step | Definition beside the step | Work product
1 Identify the right and subject matter | Right: an interest protected by law. Res: the specific property or fund in dispute. | Identify the loan, instrument, property and funds separately; attach records establishing your interest.
2 Identify the parties and capacity | Capacity: the role in which a person acts. Standing: a sufficient legally recognized interest to seek the requested relief. | Name the proper claimant and responsible party; document any agency, trustee or representative authority.
3 Identify the obligation and breach | Duty: an enforceable obligation. Breach: failure to perform that obligation. | Match each disputed act or omission to the contract, statute or recognized duty and supporting evidence.
4 Establish the proper forum | Jurisdiction: the court’s power over the dispute and parties. Venue: the permitted location. | Choose the civil, criminal, probate, administrative or other authorized procedure; check service and deadlines.
5 Explain why the remedy fits | Adequate remedy at law: an available remedy, often damages, that sufficiently repairs the injury. | Explain any need for equitable relief and its required elements; do not assume a money dispute always warrants equity.
6 Preserve evidence and urgent interests | Quia timet: preventive relief against sufficiently established threatened harm. Injunction: a court order restraining or requiring conduct. | Preserve records; document the threat and seek an agreed hold or a supported court order if needed. [2 §§1337–1359,1393–1394]
Step | Definition beside the step | Work product
7 Request records and an accounting | Accounting: a supported statement of receipts, payments, property and balances. Reconciliation: matching these entries to their source records. | Request the ledger, code legend, receipts, escrow and suspense histories, transfer records and supporting instruments. [2 §§1420–1421]
8 Record the dispute and response | Notice: communication of the issue. Opportunity to cure: a chance to correct a specified failure. | List each disputed entry, requested correction, delivery evidence and response. Distinguish requested periods from statutory deadlines.
9 Plead the available claim or defense | Claim: facts establishing a right to relief. Defense: facts or law defeating or limiting a claim. | Use the applicable complaint, answer, motion or petition. A historic cross-bill may correspond to a modern counterclaim or crossclaim, depending on parties and procedure. [2 §§1366–1374;3 chs3–4]
10 Obtain and test the evidence | Discovery: authorized exchange of evidence. Hearing: a proceeding where the court considers issues and proof. | Use permitted production, testimony and motions; show how each exhibit proves an element. [4]
11 Seek the appropriate decision | Decree or judgment: the court’s operative decision. Settlement: an agreement resolving defined disputes. | Request the particular supported remedy; state the amount, property, required acts and deadlines clearly. A court or agreement determines relief.
12 Complete implementation and closure | Winding up: completing remaining administration, liabilities and distributions of a relationship that is actually ending. Satisfaction: fulfillment of an obligation or judgment. | Verify performance, final balance, refunds, releases and any required recording or distribution; preserve proof. Trust closure has its own governing terms and statutes. [9–10]
Pomeroy maxim | Plain definition and practical use
Equity regards as done what ought to be done | An established equitable obligation can affect the parties’ interests before formal completion. First prove the obligation; merely requesting an act does not perform it.
Equity looks to intent rather than form | Examine the actual transaction and purpose. Preserve signatures, terms and conduct instead of relying solely on labels.
He who seeks equity must do equity | A person asking relief may have to fulfill corresponding obligations. State what you have done and what you are ready to do.
He who comes into equity must come with clean hands | Misconduct connected with the dispute can affect relief. Present accurate facts and disclose relevant conduct.
Equality is equity | Where interests warrant equal treatment, distribute or allocate fairly. Prove the basis for each share.
Among equal equities the first in time prevails | Time can decide priority among otherwise equal equitable interests. Verify dates, notice and recording law.
Where equity is equal the law prevails | An equal equitable claim does not necessarily defeat legal title. Establish a superior basis rather than declaring priority.
Equity aids the vigilant | Delay can prejudice relief. Track statutes, procedural deadlines and evidence of diligence.
Equity imputes intent to fulfill an obligation | Acts can be interpreted toward performance of an existing obligation. Identify the act and the established duty.
Equity will not suffer a wrong without a remedy | A recognized wrong may warrant an appropriate remedy. Prove the right, injury and court authority.
Equity follows the law | Equity operates with applicable legal rules. A maxim does not erase jurisdiction, statutory limits or criminal procedure.
Group and source | Remedy definitions | Modern connection to examine
1 Ancillary and provisional §§1319–1336 | Interpleader: a stakeholder asks the court to resolve competing claims to the same obligation or property. Receiver: a court-appointed custodian manages property under court authority. | Federal civil Rules22 and66; applicable state procedures. Neither is created by a private notice.
2 Preventive §§1337–1374 | Injunction: restrains or requires conduct. Equitable defense: a recognized ground limiting relief sought against you. | Federal civil Rule65 and A.R.S.§12-1801; modern pleading of defenses. [4,7]
3 Indirect protection §§1375–1377 | Reformation: corrects a writing to reflect the legally established agreement. Cancellation: sets aside an instrument on a proved legal ground. | Identify the applicable cause of action and required proof of mistake, fraud or other recognized ground.
4 Establishment or restoration of interests §§1378–1399 | Partition: divides jointly held property or proceeds. Quiet title: resolves adverse property claims. Bill of peace: addresses repeated or multiple litigation. Quia timet: preventive protection from threatened harm. | A.R.S.§12-1101; declaratory relief under§12-1831. Modern joinder and case management may address multiple claims. [8]
5 Specific enforcement §§1400–1412 | Specific performance: compels performance of an enforceable agreement. Fiduciary enforcement: compels a proved trustee or fiduciary duty. | A.R.S.§14-11001 authorizes identified breach-of-trust remedies when a trust relationship and proper claimant exist. [9]
6 Recovery through a specific fund or lien §§1413–1415 | Foreclosure: realizes a security interest. Marshaling: arranges resort to funds to protect another creditor when its conditions are met. Creditors’ suit: seeks appropriate relief reaching debtor property. | Establish an actual lien, creditor status and governing enforcement law. A personal fee schedule does not establish these.
7 General monetary recovery §§1416–1421 | Contribution: allocates a shared burden. Exoneration: in surety relations, seeks performance by the principal. Subrogation: substitutes a qualifying payer to another’s rights. Accounting: determines supported financial obligations. | Prove payment, surety or shared-obligation facts as required; establish the accounting basis. A claimed role alone is insufficient.
Term | Meaning | Evidence to request or preserve
Loan owner or assignee | Person or entity owning the loan interest or receiving it by transfer. | Assignment, transfer date and exact representative capacity.
Account holder | The customer or authorized party designated in the servicing system; ask how the institution defines it. | Borrower fields, authority records and change history.
Holder of an instrument | For Article3, possession coupled with the instrument being payable to bearer or to that person. | Original-note custody and endorsements; A.R.S.§47-1201.
Person entitled to enforce | An Article3 enforcement capacity that can differ from ownership. | Asserted basis under A.R.S.§47-3301 and supporting records.
Legal and equitable interests | Legal title and a beneficial or other equitable interest can differ; each must be connected to an identified asset. | Deed, trust instrument, agreement and applicable title law.
Trustee and beneficiary | A trustee administers trust property; a beneficiary holds the interest established by the trust and applicable law. | Trust terms and proof of beneficiary status; borrower status alone is not proof.
Escrow and suspense | Escrow typically holds designated tax/insurance funds. Suspense holds receipts awaiting allocation. A separate dispute hold requires its own basis. | Separate ledgers, custody, instructions, accepted hold terms and disbursements.
Restitution and tracing | Restitution restores a benefit where law requires it. Tracing links property or proceeds through documented transfers. | Receipt and transfer records identifying the benefit and recipient.
Constructive trust and equitable lien | Court-recognized remedies attaching to identified property or interests when required elements are proved. | Traceable asset, underlying wrong and governing remedy requirements.
Setoff and recoupment | Setoff asserts a qualifying opposing obligation; recoupment generally reduces a claim based on the same transaction. | Source transaction, amount and applicable conditions; distinguish from a new invoice.
Default and nonresponse | Court default requires the applicable service and procedural conditions. An unanswered letter is a separate factual event. | Service proof, response duty, elapsed deadline and required court action.
Satisfaction and reconveyance | Satisfaction fulfills an obligation; reconveyance or release removes the security interest through the proper instrument. | Verified payoff or settlement, authorized release and recording proof.
Concern and definition | Available procedure to examine | How to use the connection correctly
Civil property or contract rights A legally protected interest is disputed. | Federal civil Rule2 combines civil forms of action; Rules8 and18 address pleading and claim joinder. [4] | Legal and equitable claims can share a civil case; the procedural rules do not create the substantive right.
Threatened property injury An imminent act risks harm. | Civil injunction procedures and A.R.S.§12-1801. [4,7] | Identify the threatened act, required proof and relief. A request for a pause is not an issued stay.
Seized property A person has been deprived of property. | Federal criminal Rule41(g) allows a motion for return of property, subject to its conditions. [5] | This is a concrete remedial procedure associated with criminal process. Prove entitlement and address lawful retention; check the correct jurisdiction.
Federal criminal judgment A conviction or sentence is challenged. | Federal criminal Rules33,34 and35 address new trial, arrest of judgment and specified sentence correction/reduction. [5] | Grounds and time limits differ. An accounting letter or private commercial default cannot substitute for the required motion.
Arizona conviction after plea A defendant seeks post-conviction relief. | Arizona criminal Rule33; trial convictions generally use Rule32. [6] | Notice, petition, supported grounds and deadlines control. Arizona Rule33 is not federal Rule33.
Trust administration breach A trustee failed an actual trust duty. | A.R.S.§14-11001 includes compelling performance/accounting, redress, removal and other specified remedies. [9] | Show the trust, beneficiary or other proper claimant, duty and breach before invoking the statute.
Final administrative decision An agency decision is challenged. | Applicable review process; A.R.S.§12-910 describes Arizona review powers and standards. [11] | Identify the appealable decision and enabling procedure. A mortgage company is not a governmental agency merely because it services a loan.
Stage | Question and required proof | Completion record
Identify | Who is the loan owner, note holder, servicer and custodian? What does account holder mean in each system? | Exact names, capacities, dates, authority and supporting instruments.
Preserve | Was a separate disputed-funds hold accepted? Is any identity-review or enforcement hold active? | Written acceptance, scope, balance, duration and release conditions—or an express denial.
Account | How did Shellpoint’s closing balances match Fay’s opening balances? Where did escrow and suspense funds go? | Transaction-level transfer reconciliation and supporting receipts/disbursements.
Resolve | Which entries remain disputed after the records arrive? What actual correction, refund or agreement is supported? | Numbered discrepancy schedule and documented responses or agreed terms.
Escalate if needed | What contract or duty supports the unanswered request? Which court or complaint process can grant the needed relief? | Proof of delivery, specific omissions, procedural basis and properly supported request.
Complete | Are we closing only the inquiry, settling part of the dispute, satisfying the loan or terminating a separate trust? | Final accounting, performed terms, releases/refunds and recorded security release if required.