Rights vs. Privileges: Substance vs. Shadow in the Title Game
Rights vs. Privileges: Substance vs. Shadow in the Title Game “Equity looks to the substance, not the shadow.” – Pomeroy’s Equity Jurisprudence What does that mean? In the legal world, most people are operating under the shadow of title—the illusion of ownership, the illusion of standing, the illusion of consent. But equity sees through the shadow to the substance: the true equitable interest. Shadow System (Public Commerce): - You hold legal title (on paper), but not real control. - You’re named as the debtor, the surety, the trustee. - Your driver’s license, mortgage, deed, or bank account names the all-caps fiction—JOHN DOE. - You perform duties and liabilities for privileges granted. - This is shadow title: you appear to own it, but the State, lenders, or agencies are the real beneficiaries. Substance System (Exclusive Equity): - You hold equitable title: the beneficial interest in your name, estate, and trust. - You stand as living man or woman, not as surety for the NAME. - You don’t ask for permission—you demand fiduciary performance from those managing the trust. - This is substance: ownership, control, and enforceable rights. Pomeroy’s Principle in Practice: - Legal title is what the world sees—it’s the shadow. - Equitable title is what the truth reveals—it’s the substance. - The court of chancery (equity) protects the substantive interest, even when the shadow deceives. “He who has the equitable interest is, in truth and in conscience, the real owner.” Your Remedy? - Rebut the shadow. - Assert the substance. - Function only as the beneficiary of the estate trust, never the trustee or surety. - Equity will protect your substance, if you invoke it properly. #PomeroyOnEquity #SubstanceNotShadow #EquityTitle #TrustLaw #PrivateStanding #NameEstateRemedy #EquitableRights #SovereignRemedy #LivingBeneficiary