On May 11, 2026, the Financial Crimes Enforcement Network (FinCEN), along with the U.S. Department of the Treasury and Treasury Secretary Scott Bessent, filed a Notice of Appeal in Flowers Title Companies, LLC v. Bessent. The filing, which was made in the U.S. District Court for the Eastern District of Texas and sends the matter to the U.S. Court of Appeals for the Fifth Circuit, indicates that the Treasury Department is appealing both the district court's March 19, 2026 Memorandum Opinion and Order granting summary judgment to the plaintiff, and the Final Judgment entered the same day.

CLTA is pleased to release its newest CLTA Titlecast, Episode 44 – New Laws & Cases of Interest, which provides an update to CLTA members on new legislation signed in 2025 affecting the title industry in 2026 and recent cases of interest.

Only two weeks remain to register at the discounted early-bird rate for the California Land Title Association's 119th Annual Convention! Join CLTA and your colleagues May 17-19, 2026, at the stunning Lodge at Torrey Pines in La Jolla, California. Don't miss out - register today!

Earlier today, March 19, 2026, a federal court in the Eastern District of Texas, Tyler Division, granted summary judgment in favor of a title company plaintiff, Flowers Title Companies, LLC, which challenged that the FinCEN Residential Real Estate Transfers Rule (RRE Rule) exceeded FinCEN's statutory authority under the Bank Secrecy Act. The case was decided on cross-motions for summary judgment, meaning both parties agreed there were no disputed facts and the case turned entirely on questions of law. As part of his ruling, U.S. District Judge Jeremy Kernodle denied FinCEN's cross-motion for summary judgment, and ordered that the RRE Rule be vacated in its entirety and remanded to FinCEN. 
 
The government may seek a stay of the vacatur pending appeal, or appeal directly to the Fifth Circuit Court of Appeals.
 
Specifically, the court found that FinCEN failed to demonstrate how non-financed residential real estate transactions involving entities or trusts are categorically "suspicious," noting that individuals routinely conduct such transactions for entirely legitimate reasons, including saving on financing costs and structuring holdings through LLCs for liability and tax purposes. The court also found FinCEN's reliance on a statistic showing that approximately 42% of transactions captured by its Geographic Targeting Orders involved parties flagged in Suspicious Activity Reports to be unpersuasive, noting that the GTOs covered only a narrow, geographically targeted subset of transactions and did not support a nationwide categorical finding of suspicion.
 
The Court also found that a provision in federal law that authorizes FinCEN to require domestic financial institutions or nonfinancial trades or businesses to "maintain appropriate procedures, including the collection and reporting of certain information" – 31 U.S.C. § 5318(a)(2) – merely allows FinCEN to prescribe procedural requirements, not independently impose substantive reporting obligations such as those required by the RRE Rule. Adopting FinCEN's broader reading, the Court noted, would render the more limited reporting authority in § 5318(g)(1) superfluous.
 
Having concluded that the Rule exceeded FinCEN's statutory authority, the Court vacated the Rule under 5 U.S.C. § 706(2) of the APA. The Court found vacatur to be the appropriate remedy, noting that the Rule's deficiencies make it unlikely FinCEN could justify the Rule on remand, and that vacatur would simply restore the pre-Rule status quo.
 
CLTA will monitor for further developments and provide updated information to members as quickly as possible.

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March 19, 2026

It's time to register for the California Land Title Association's 119th Annual Convention!  Join us from May 17-19, 2026, at the beautiful Lodge at Torrey Pines in La Jolla, California.  Registration is now open!
 
You do not want to miss the chance to reconnect at this premier event for the California title industry, focusing on key legislative and regulatory issues at the state and federal levels, and discuss the challenges that lie ahead in 2026. 
 
The CLTA Annual Convention is the only annual event that brings together one of the nation's largest statewide title industries to address legislative and regulatory concerns at both the state and federal levels.
 
This year's Convention will feature speakers discussing topics ranging from Native American Lands, FinCEN, the latest from ALTA, and more!

This year's program features the following highlights: 

Sunday, May 17:

• Registration
• Board of Governors Meeting (for CLTA Board members)
• Agent's Section Organizational Meeting (for employees of underwritten title companies)
• Icebreaker Reception

Monday, May 18:

• Continental Breakfast & Business Program
• Optional: La Jolla Art & Wine Tour (offsite) 
• Optional: CLTA Golf Tournament (onsite)
• President's Reception, Closing Dinner & CLTA-PAC Silent Auction*

Tuesday, May 19:

• Sponsor Appreciation Hot Breakfast

A special thank you goes out to this year's sponsors - none of the Convention events would be possible without their generous support!
​
Be sure to register by April 15th to receive the early-bird rate. CLTA’s 119th Annual Convention is a don't miss industry event! Don't delay, register now!

*The CLTA will be holding its popular CLTA-PAC Silent Auction again this year and we are looking for auction items now! The purpose of the silent auction is to raise funds for the CLTA Political Action Committee and it is now more important than ever. If you would like to donate an item for the Silent Auction, please complete the Silent Auction Contribution Form.

Sponsorship Opportunities are still available! If your company is interested in Sponsorship, please review our Sponsorship Opportunities & Packages.

When registering for the Convention, be sure to login to receive the correct rate. 

THANK YOU TO CLTA'S CONVENTION SPONSORS!

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March 2, 2026

​​The California Land Title Association is pleased to release the 2025 Summary of Legislation in a high-resolution digital format, featuring live links to chaptered bill text and additional online resources. Members who prefer a hard copy are invited to print the Summary at their convenience. 

Governor Newsom signed into law Assembly Bill 851 (McKinnor), prohibiting persons from making an unsolicited offer to purchase residential real property in certain ZIP Codes in Los Angeles and Ventura counties that were affected by wildfires earlier this year.

​The CLTA is pleased to announce the release of a new Titlecast episode, now available on CLTA’s Members-Only Titlecast education portal.  If you have not yet set up your password, please refer to the information provided at the end of this message.

In a recent press release, the Financial Crimes Enforcement Network (FinCEN) announced that it is postponing the reporting requirements of its Anti-Money Laundering Regulations for the Residential Real Estate Transfers Rule (RRE Rule) by three months to March 1, 2026.