05/28/2026
🚨📢‼️FINCEN Real Estate Reporting Rule Vacation Appealed, Additional FINCEN Guidance
As previously reported, on March 19, 2026 the U.S. District Court in Flowers Title Companies, LLC v.
Bessent (E.D. Texas, Case No. 6:25-cv-127-JDK) entered its order vacating the FINCEN Real Estate
Reporting Rule.
FINCEN has now formally appealed that ruling to the 5th Circuit Court of Appeal, and on May 18th issued some comforting guidance.
• They reconfirmed that Reporting persons are not currently required to file Real Estate Reports
with FinCEN and are not subject to liability if they fail to do so while the court’s order remains in
force; and
• That if the court’s order is overturned, they will not be requiring the filing of reports for
transactions that closed while the court’s order was in effect.
• If the order is overturned, FinCEN will provide further guidance on when reporting will be required.