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UPDATE FINCEN:Federal Court Strikes Down FinCEN's Residential Real Estate Reporting Rule
On March 19, 2026, U.S. District Judge Jeremy D. Kernodle of the Eastern District of Texas ruled that FinCEN exceeded its statutory authority under the Bank Secrecy Act when it issued its Residential Real Estate Reporting Rule. The case was brought by Flowers Title Companies, LLC, which challenged the regulation under the Administrative Procedure Act. Judge Kernodle found that FinCEN's premise — that cash transactions involving entities and trusts are inherently suspicious —
🏠 Closing on a new home? There's a hidden risk most buyers never see coming.
Construction liens can surface at the worst possible moment — right before closing — and they have the power to derail the entire transaction. Here's how it happens: A builder breaks ground before the mortgage is even recorded. That means contractors, subcontractors, and material suppliers can have legal priority over the lender — and over you. If any of them went unpaid, they can file a lien against your new home, even if you had nothing to do with it. Even more unsettling?
