Joseph Marriott

For compliance officers and legal professionals who spent the early months of 2026 preparing for the new FinCEN Residential Real Estate Reporting Rule, last week brought a significant development: a federal court struck down the rule entirely. The decision vacates the regulation nationwide — but with conflicting rulings across circuits, the compliance landscape remains anything but settled. Background: What Was the FinCEN Real Estate Reporting Rule? The Residential Real Estate Reporting Rule, which took effect on March 1, 2026, was FinCEN’s most ambitious attempt to date to close a well-documented gap in the U.S. anti-money laundering (AML) framework. Unlike residential mortgages — which are already subject to robust Bank Secrecy Act (BSA) reporting — all-cash real estate transactions had largely flown under the regulatory radar. The rule targeted non-financed transfers of residential real property where the buyer was a legal entity or trust. Under its terms, “reporting persons” (primarily title companies, escrow agents, and settlement attorneys) were required to: Identify and verify the beneficial owners of purchasing entities and trusts Collect detailed information about the transferee, transferor, and the property File a Real Estate Report with FinCEN within 30 days of closing Retain records for five years Unlike FinCEN’s earlier Geographic Targeting Orders (GTOs), the new rule carried no geographic limitation or minimum transaction threshold — making it the broadest real estate AML reporting mandate ever issued. The Court’s Decision: Flowers Title Companies v. FinCEN The challenge came from Flowers Title Companies, LLC, a Texas-based title company that filed suit under the Administrative Procedure Act (APA), arguing that FinCEN had exceeded the statutory bounds of the Bank Secrecy Act in issuing the rule. Judge Jeremy D. Kernodle of the Eastern District of Texas agreed. The court held that cash real estate transfers to entities and trusts are not categorically “suspicious” within the meaning of the BSA — the foundational basis FinCEN relied upon to justify the rule. Without the ability to rely thereupon, the agency now appears to lack the authority to impose the sweeping reporting requirements at issue. The result: the rule is vacated in its entirety, restoring the pre-March 1 status quo. Title companies and other covered persons have no current obligation to file Real Estate Reports under the vacated regulation. Why This Matters for Compliance and Legal Teams For compliance professionals, the ruling creates a complex and potentially short-lived reprieve. Here’s what to keep in mind: Reporting is currently suspended — but not permanently. The government is widely expected to appeal to the Fifth Circuit. Conflicting precedent creates legal uncertainty. Other federal courts have recently upheld the rule as lawful, meaning the law in this area is genuinely unsettled. GTOs remain in effect. FinCEN’s existing Geographic Targeting Orders in high-risk metro areas (including Miami, New York, Los Angeles, and others) are unaffected by this ruling. Compliance with active GTOs is still required. Internal readiness work retains value. Organizations that invested in beneficial ownership verification workflows, data collection systems, and training should preserve those efforts. If the rule is reinstated on appeal, a rapid ramp-up will be necessary. The Bigger Picture: AML and Real Estate The Flowers Title ruling is a setback, but not necessarily a death blow, to FinCEN’s long-term agenda around real estate AML. The U.S. real estate market has been identified by the Financial Action Task Force (FATF) and FinCEN itself as a significant vulnerability for money laundering. Whether through rulemaking, expanded GTOs, or Congressional action, regulators are unlikely to abandon this area. To learn more or to schedule a consultation, contact Joseph R. Marriott at joseph@snw.law or by telephone at (504)324-1886.

FinCEN's New Real Estate Reporting Rule Is Now in Effect — Here's What You Need to Know 1. The Rule is Live — Nationwide As of March 1, 2026, a landmark new Residential Real Estate Rule from the Financial Crimes Enforcement Network (FinCEN) requires federal reporting of certain residential real estate transactions. 2. Why It Exists The U.S. Treasury has long recognized that illicit use of residential real estate threatens national economic security, and this rule is designed to combat and deter money laundering at scale. 3. A Permanent, Nationwide Replacement Unlike FinCEN's previous Geographic Targeting Order framework — which imposed reporting obligations based on location, price, and property type — this new rule applies nationwide and captures a far greater number of transfers. 4. The Three-Part Trigger In plain terms, FinCEN is targeting transactions with three defining features: residential real estate, a buyer that is not a natural person (such as an LLC, corporation, partnership, or trust), and no traditional bank mortgage tied to the purchase (any organization that is not subject to Anti-Money Laundering regulation). 5. Private Financing Doesn't Exempt You Private financing arrangements, including hard money loans, do not qualify as institutional financing for exemption purposes, meaning many deals once considered routine may now trigger federal disclosure requirements. 6. Covered Property Types Covered properties include one-to-four family homes, condominiums, cooperatives, and certain unimproved land intended for residential use. 7. Who Must File While settlement agents and title companies are expected to bear the brunt of the reporting obligations, escrow providers and legal professionals may also be designated reporting persons depending on the transaction structure. 8. Limited Exemptions Apply The rule contains limited exemptions, including transfers occurring by reason of death, divorce, court order, or bankruptcy proceedings — and these exemptions are narrowly defined and must be evaluated carefully. 9. Filing Deadline The Real Estate Report must be filed by the last day of the month following the month of closing, or 30 days after closing — whichever is later. 10. Act Now Given the breadth of the new rule, residential property owners, investors, and real estate professionals should consult legal counsel early to ensure compliance, avoid unexpected closing delays, and properly allocate reporting responsibilities. For more information or to schedule a consult with a real estate attorney, contact Joseph Marriott at (504) 324-1886 or joseph@snw.law , or Johnston Burkhardt at (504) 324-2141 or johnston@snw.law . Disclaimer: This blog post is for informational purposes only and does not constitute legal or financial advice. Consult qualified legal counsel for guidance specific to your transactions.