FinCEN Appeals To Reverse Court Order on Residential Real Estate Rule

On March 1, 2026, the Financial Crimes Enforcement Network (FinCEN) Residential Real Estate Rule went into effect primarily requiring title companies and attorneys to file reports for non-financed transfers of real estate involving legal entities. On March 19, 2026, a Texas Federal Court issued an order vacating the Residential Real Estate Rule. FinCEN and the U.S. Department of Justice recently appealed the federal court decision seeking reinstate the law and to overturn the Court’s decision. If the court reinstates the rule, any retroactive reporting will not be required for transactions that occurred while the court order was effective. At this time, the Rule is not legally effective, and reporting is not required. FinCEN recently updated their FAQs related to the rule, which you can find here.  NAR will continue to provide updates regarding anti-money laundering matters.