FinCEN defends Real Estate anti-money laundering rule ahead of Dec. 1 deadline

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(Excerpt shared below. To read full report, go to: https://www.housingwire.com/articles/fincen-anti-money-laundering-rule-dec-1-deadline-fnf/)

The Financial Crimes Enforcement Network (FinCEN), its director Andrea Gacki, as well as the Department of the Treasury and its secretary, Scott Bessent, do not believe their anti-money laundering rule, which is slated to go into effect on Dec. 1, 2025, will cause Fidelity National Financial (FNF) irreparable harm. The defendants made these claims in a response to FNF’s motion for a preliminary injunction, filed on Wednesday. 

FNF filed its lawsuit against FinCEN and the Treasury in May 2025. The suit challenges FinCEN’s anti-money laundering rule, which requires title firms to report specific details on all-cash home purchase transactions. These include the names, addresses, dates of birth, citizenship status and ID numbers of all people involved — including minors — plus payment details and information about trusts and entitiesthat are purchasing the property. The rule was promulgated under the Biden administration and is set to go into effect in December 2025. 

According to FinCEN, criminals, corrupt officials and terrorists have used anonymous, cash-based real estate purchases to launder money, prompting it to issue its new policy.

The defendants argue that FNF’s request for an injunction delaying the enforcement of the rule is improper and should be denied.

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