New FinCEN's Residential Real Estate Reporting Rule

The Financial Crimes Enforcement Network’s (FinCEN) Residential Real Estate Reporting Rule, which mandates the reporting of non-financed transfers to certain entities and trusts, is currently unenforceable. On March 19, 2026, the U.S. District Court for the Eastern District of Texas issued an order vacating the Rule nationwide.

While the order remains in effect, reporting persons (including title companies and settlement agents) are not required to file these reports and are not subject to liability if they fail to do so.

FinCEN, in conjunction with the Department of Justice, has appealed the decision.