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Effective March 1, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has implemented a new Residential Real Estate Reporting Rule. The Rule is designed to combat financial crimes involving bad actors using entities such as LLCs and corporations to anonymously purchase residential property to hide and launder dirty money.  

Under the Rule, certain real estate professionals involved in closings and settlements nationwide are required to report information to FinCEN for non-financed transfers of residential real estate. If reporting is required, a Real Estate Report must be filed with FinCEN.

When Reporting Is Required

Reporting generally applies when the following are true:

• The Transfer involves Residential property: A structure intended for occupancy by one to four families or land where such a structure will be built.
• Non-financed transfer: No loan or mortgage is provided by a financial institution that is subject to anti-money laundering requirements.
• Transfer to an entity or trust: Transfer of property is to an entity or trust instead of an individual.
• No exception to the rule applies.

There is no minimum dollar amount for a covered transaction, and any transfer of ownership by sale or gift can qualify. If a report is required, it must be filed with FinCEN by the end of the month in which the closing occurred or within 30 days, whichever is later. Civil and criminal penalties for not filing can be significant and may include fines of up to $250,000 and imprisonment for willful and repeated violations.

Information Required for the Report

If reporting is required, information may need to be collected regarding:

• The reporting person.
• The residential real property being transferred.
• The transferee entity or transferee trust.
• The beneficial owners of the transferee entity or transferee trust.
• Certain individuals representing the transferee entity or transferee trust in the transfer.
• Any trustee that is an entity, if the transferee is a trust.
• The transferor.

Exemptions

Some types of transfers are exempt, including:

• Transfers resulting from death.
• Transfers incident to a divorce or dissolution.
• Transfers made to a person’s trust, where the trust is for the benefit of that person or their spouse.

Transfers to certain highly regulated transferees are also exempt from the definition of a transferee entity, including transfers to certain government entities, securities brokers or dealers, banks, and credit unions.

If you are involved in a non-financed transfer of residential real estate, you may be required to provide certain information so the appropriate report can be filed with FinCEN. If you have questions about how this rule may affect your transaction, please contact BMD Member Blake Gerney at brgerney@bmdllc.com.