Lawsuit vs. FinCEN: Your cash deals at risk?

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News Flash

FNF Throws Down the Gauntlet: Why Title's Biggest Player is Fighting FinCEN

Fidelity National Financial just sued the Treasury Department. The title insurance giant filed a lawsuit challenging FinCEN's new rule requiring all cash residential transactions to be reported starting December 2025. [Source].

FinCEN’s new rule is set to go into effect December 1, 2025, and the reporting burden would fall squarely on the shoulders of title agents.

FNF isn't pulling punches. They're calling the sweeping requirement "arbitrary and costly," arguing that FinCEN overstepped by demanding reporting on every transaction instead of just the suspicious ones. [Source].

The constitutional violation claim adds serious legal weight. FNF contends the rule tramples on constitutional rights while creating an expensive administrative nightmare for title companies. [Source]. They're seeking a permanent injunction to block implementation entirely. [Source].

Here's what this means: One of the industry’s biggest players just drew a line in the sand against regulatory overreach. If FNF wins, title companies might dodge a reporting nightmare. If they lose? Get ready for a whole new world of compliance costs.

More You Should Know

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• Senior Living: Top Real Estate Performer: With occupancy rates hitting 87.4% in Q1 2025 and outpacing other real estate sectors, senior living presents a compelling investment opportunity, particularly in distressed and core-plus acquisitions, as the market heads towards undersupply by 2026. [Source].

• 5 Housing Markets Risk Crash: Experts warn of potential price corrections in Albuquerque, Atlanta, Winter Haven, Tampa, and Tucson due to affordability issues, rising inventory, and unsustainable pandemic-era growth, despite overall increased sales in the US housing market. [Source].

• Tax Bill Boosts Real Estate: The U.S. House passed the 'One Big Beautiful Bill Act,' a tax reform package preserving key real estate benefits including the mortgage interest deduction and 1031 exchanges, while increasing qualified business income deductions and SALT caps, now awaiting Senate consideration. [Source].

• Agents Still Beat Tech: Study: A new study reveals that despite technological advancements, real estate agents remain indispensable due to the infrequency and complexity of property transactions, with recommendations for agents to focus on guiding clients through the often stressful process rather than fearing tech disruption. [Source].

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