FinCEN Rule Struck Down — Here’s What it Means

This week, a federal court struck down the Financial Crimes Enforcement Network’s (FinCEN) Residential Real Estate Reporting Rule. This regulation would have required additional reporting and documentation on certain real estate transactions.

What does this mean for you and your clients?
At this time, there is no requirement to collect FinCEN-related information on any transaction.

From a practical standpoint, this eliminates the additional layer of paperwork and process for both agents and borrowers, keeping transactions moving more efficiently.

Internally, our team is already taking action:

  • Any FinCEN-related items on active files are being cleared.
  • No additional steps are needed on new or existing transactions.

For now, this is a simplification, not a complication. As with most regulatory changes, this may evolve. It is expected that FinCEN (a bureau of the U.S. Treasury) will appeal the decision, so we’ll continue to monitor and keep you updated if anything changes. Because even when it’s not directly mortgage-related, it’s still part of the transaction, and part of our job is making sure you’re never caught off guard. If questions come up later on how this could impact a deal down the road, we’re always here to help you navigate it.

 

 

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