Please Note: As of March 20, 2026 FinCEN RRER has been paused

At this time, implementation of the FinCEN Residential Real Estate Reporting Rule (“RRER”) has been paused. As of Friday, March 20, 2026, the United States District Court for the Eastern District of Texas struck down FinCEN’s Residential Real Estate Reporting Rule. 

What does this mean for you and your clients? For now, title agents, settlement providers, and closing attorneys nationwide are not required to gather, collect, store or file any data relative to the RRER.

We will continue to watch this closely and keep you informed of any new developments. But for now, RRER has been suspended until such time as further court proceedings or appellate decisions alter the state of the law.  

FinCEN and Accommodation Deed Recordings

This page is intended solely to educate our clients on how Proper Title will manage FinCEN Residential Real Estate (RRE) Reporting for accommodation deed recordings.

If you have specific questions regarding an upcoming cash transaction closing, please contact your Proper Title account executive directly, and our team will be happy to assist you.

 

Is FinCEN RRE Reporting Required?

  • FinCEN RRE Reporting is not required.

  • If your transaction involves the below, you’ll want to review next steps to comply with the FinCEN RRE Reporting:

    • Residential (includes mixed-use properties);

    • A non-financed transaction (such as cash, gift funds, and hard-money lender); and 

    • The buyer is an entity (corporation, LLC, etc) or trust.

    If your transaction includes this criteria click the button below to view the reporting guide.

Click Here for Reporting Guide
 

FinCEN Cascade of Responsibility

FinCEN establishes a “cascade” that determines who is responsible for filing the report. Below is the order of responsibility in the following order:

    1. The party listed as the closing or settlement agent on the closing/settlement statement

    2. The party who prepares the closing/settlement statement

    3. The party who files the deed or instrument with the recording office

    4. The party who underwrites the owner’s title insurance policy

    5. The party who disburses the greatest amount of funds for the transfer

    6. The party who provides the evaluation of title status

    7. The party who prepares the deed or other transfer instrument (including co-op stock certificates)

    Within this cascade, Proper Title (the party filing the deed or instrument) is number 3.

    Proper Title will require a Designation Form to be completed for any accommodation recording in which the buyer is an entity.

    Please Note: Completion of the Designation Form does not eliminate FinCEN RRE Reporting requirements. Rather, it removes Proper Title from the cascade and, in most cases, designates the deed preparer as the responsible reporting party.

Designation Form
 

Access The FinCEN RRE Reporting Portal

Click below to link to the BSA E-Filing System which supports electronic filing of Bank Secrecy Act (BSA) forms through a FinCEN secure network.

FinCEN RRE Reporting Portal
 

Are There Penalties for Not Reporting?

Click below to view penalty information, “L. Compliance/Enforcement”.

View All Penalty Details Here

If you have any questions, please reach out to your Proper Title Account Executive.