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Texas Public Policy Foundation sues FinCEN over real estate transfer rule

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The Texas Public Policy Foundation (TPPF) has initiated legal action against the Financial Crimes Enforcement Network (FinCEN). The lawsuit, filed by TPPF's Center for the American Future, challenges a new rule from FinCEN that requires disclosure of personal information when transferring residential real estate into entities like LLCs or trusts, unless financed. This rule is set to be implemented on December 1, 2025.

TPPF attorney Clayton Calvin said, "For too long, the Federal Government has pushed its power over interstate commerce beyond its honest limits." He added that this situation disrupts the constitutional balance of power and negatively impacts Americans.

Senior attorney Matt Miller emphasized that "the federal government is a government of enumerated powers," arguing that these do not include mandating disclosure in intrastate real estate transactions. He called for courts to restore constitutional boundaries.

The case, titled Corley v. Bessent, was filed in the U.S. District Court for the Northern District of Texas. It seeks to have the court invalidate the rule and uphold federal commerce power limits.

Information from this article can be found here.

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