FinCEN & Accommodation Deeds.
How Proper Title will manage FinCEN Residential Real Estate (RRE) Reporting for accommodation deed recordings.
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. For now, RRER has been suspended until such time as further court proceedings or appellate decisions alter the state of the law.
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.
Contact Your Account ExecutiveThe Grantee is an Entity (Non-Individual)
If your transaction involves the below, you'll want to review next steps to comply with FinCEN RRE Reporting:
- Residential (includes mixed-use properties)
- A non-financed transaction (such as cash, gift funds, and hard-money lender)
- The buyer is an entity (corporation, LLC, etc.) or trust
FinCEN Cascade of Responsibility.
FinCEN establishes a "cascade" that determines who is responsible for filing the report. 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.
Order of responsibility
- 1The party listed as the closing or settlement agent on the closing/settlement statement
- 2The party who prepares the closing/settlement statement
- 3The party who files the deed or instrument with the recording office← Proper Title
- 4The party who underwrites the owner's title insurance policy
- 5The party who disburses the greatest amount of funds for the transfer
- 6The party who provides the evaluation of title status
- 7The party who prepares the deed or other transfer instrument (including co-op stock certificates)
Forms & guides.
Reporting Quick Guide
If your transaction includes the qualifying criteria, this quick guide walks you through next steps for FinCEN RRE Reporting compliance.
Designation Form
Required for any accommodation recording in which the buyer is an entity. Completion does not eliminate the reporting requirement — it removes Proper Title from the cascade and designates another party (typically the deed preparer) as responsible.
Access the FinCEN RRE Reporting Portal.
Link to the BSA E-Filing System, which supports electronic filing of Bank Secrecy Act (BSA) forms through a FinCEN secure network.
Visit Reporting PortalAre there penalties for not reporting?
View penalty information directly from FinCEN under section "L. Compliance/Enforcement."
View Penalty DetailsIf you have any questions, please reach out to your Proper Title Account Executive.
Contact Proper Title