Does the March 2026 FinCEN rule make us gatekeepers or just reporters?

I don't have the operating experience the rest of you do, but reading your two positions back, the reporter version only works if the certification you collect is actually strong enough to stand behind. If it's a one page form with a signature line and no follow up questions, calling yourself a reporter is a label rather than a defense. Does the rule say anything about how hard you have to try?

plumb, that's the part I've been trying to understand too. There's a difference between a duty to report and a duty to verify, and those are different amounts of work. @trellis, when your closers ask what to do with a thin answer, do you have a written escalation path or does it depend on who's sitting at the desk that day? That seems like the actual question in your post.

Gatekeeper, and not because it's noble. If you file thin reports for two years and then something surfaces, the fix is retroactive and expensive. I'd rather lose the file.

I've turned away volume plenty of times in five years of running a service business, and the pattern is this: you almost never regret it, and you almost always feel it in the month it happens. Both of those hold at the same time.

Practically, @trellis, I'd split the difference. Build a tiered intake. Standard financed purchase gets the normal path. Non-financed entity or trust buyer gets a second form, a named contact who signs, and a closer who has authority to stop the file and escalate. That is not gatekeeping in the moral sense, it's just triage, and it costs you an extra 20 minutes on maybe 12 percent of your files.

The cost that surprised me when we did something similar for a different compliance thing was training, not the forms. People forget the exception path within about six weeks if it doesn't fire often.

Coming from trades, this reads exactly like inspection sign-off. You can sign what the sub tells you, or you can go look. The guys who go look are slower and they don't get called back for warranty work. @thatch's tiered version is what a good GC actually does, you don't inspect every screw, you inspect the assemblies that fail.

I'm still working through licensing so take this as a question. If you're a reporter and you file whatever you're handed, what does your underwriter say when they audit the file? I was under the impression underwriters care a lot about what's in the closing file, separate from what the government asks for. Does the FinCEN piece even land in the title file or does it sit somewhere else?