The FinCEN Rule in Limbo: Key Questions for the Title Industry
May 26, 2026
The legal and regulatory future of FinCEN’s Residential Real Estate Rule remains uncertain following a federal court decision in Texas vacating the rule and the government’s subsequent appeal. While FinCEN recently clarified that title companies are not currently required to file reports while the court order remains in effect, the litigation has raised significant questions for the title industry about timing, compliance obligations and what comes next. Read on as ALTA General Counsel Steve Gottheim answers questions about the status of the litigation, the appeals process and what title professionals should be monitoring in the months ahead.
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