FinCEN delays residential real estate reporting rule

Date:

Share post:



The Financial Crimes Enforcement Network, FinCEN for short, has delayed the enforcement date of its residential real estate reporting rule.

The announcement exempts “all reporting persons” from compliance with the anti-money laundering regulation from Sept. 30 until March 1, 2026. The rule was supposed to go into effect on Dec. 1.

This rule was promulgated by the Biden Administration in August 2024 and required reports be filed for cash real estate transactions and legal entity buyers. It includes beneficial ownership information of a legal entity property purchaser.

Fidelity National Financial, which through its multiple underwriting units, is the nation’s largest producer of title insurance, sued FinCEN to stop the rule.

In support, the American Land Title Association filed an amicus brief earlier this month.

“FinCEN’s decision to postpone its reporting requirements shows recognition of the valid concerns raised by ALTA members and Congress about implementation,” Chris Morton, the group’s CEO, said in a statement.

In the brief, ALTA said that its members, both direct producers and agents, would have to file more than half of the between 800,000 and 850,000 reports FinCEN expects.

“There are serious concerns about the immense financial and compliance burdens of this rule on the small businesses that comprise 90% of the title insurance industry,” Morton continued. “This delay gives ALTA more time to work with FinCEN to revise this costly rule that places significant burdens on title companies.”

FinCEN is part of the Treasury Department and the announcement came out on the latter’s letterhead.

“Consistent with the Administration’s policies focused on reducing any unnecessary regulatory burden on Americans, the Secretary [Scott Bessent], through FinCEN, has determined that exemptive relief from the requirements of the Residential Real Estate Rule is appropriate until March 1, 2026, to allow industry sufficient time to institute the policies, procedures and processes necessary to comply,” the order states.

In an indication that the rule might not go away, FinCEN also published the real estate report form. The PDF indicates it is “for reference purposes only,” with a Dec. 1 release date.



LEAVE A REPLY

Please enter your comment!
Please enter your name here

Related articles

When Restrictive Cybersecurity Policies Backfire

Generative AI and a rapidly evolving menu of workplace apps have changed the employee experience. People are...

ASX slips, Wall Street rebounds despite AI valuation concerns | Finance Report | ABC NEWS

The ASX has ended its day slightly lower, despite tech and AI stocks rebounding on Wall Street. Shares...

Stuck Mortgage Rates Starting to Hurt the Real Estate Industry

Mortgage rates aren’t doing a whole lot of anything today, and that could start to become the...

How To Hack The FAFSA In 2027-28: 7 Legal Moves That Lower Your SAI

Key PointsThe 2027-28 FAFSA uses 2025 income, and the 2028-29 FAFSA uses 2026 income. Parents of high...