The legal challenge, brought by America's largest title insurers, failed last week, when a United States District Judge in Florida ruled against its Constitutional arguments. This means that, effective March 1, 2026, closing agents will be reporting all cash real estate transactions to regulators. See Case No.: 3:25-cv-554-WWB-SJH (MDFL).
The question now becomes, how will the money laundering fraternity, which has effectively cleaned the proceeds of crime through real estate transactions for decades, respond? Personally, I can think of a number of methods and techniques that will most likely be employed:
(1) Creating "financial entities," shell companies will names deceptively similar to banks and non-bank financial institutions, to fund the closings, using what purport to be mortgages and other types of financing, as the new regulation only applies to cash sales. The laundrymen will assume that the real estate agents involved don't look to closely at the "bank" extending the "loan."
(2) Working off the record directly with the seller, to have him create two closing statements, of which one is assumption of the existing mortgage, creating a phantom second mortgage (which is really cash under the table), when it is really a cash transaction.
(3) Looking for FSBO sellers ( For Sale by Owner) where there is no broker or title company , and where the seller is ignorant of the new regulation, or swayed by the offer of cash.
Remember, in the world of money laundering, you are only limited by your imagination; expect laundrymen to adapt to the new reporting requirement by driving around it, one way or the other. They will create new workarounds.























