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FinCEN Real Estate Reports (Effective March 1, 2026)
Effective March 1, 2026 • FinCEN Residential Real Estate Rule

FinCEN Real Estate Reports: the clear, quick guide for investors, agents, and private/hard money lenders

Starting March 1, 2026, certain non-financed transfers of residential real estate to a legal entity or trust require a confidential Real Estate Report filed with FinCEN by the settlement side. The goal: reduce anonymity that can enable money laundering in residential real estate.

Trigger: Residential + Entity/Trust buyer + Non-financed Who files: Settlement / closing "reporting person" Due: 30–60 days after closing Not public record: Yes

The 20-second trigger test

A Real Estate Report is required when all three are true:

  • Residential real property
    Includes 1–4 family homes, condos, co-ops, and certain land intended for a 1–4 family build.
  • Buyer is a legal entity or trust
    LLC, corporation, partnership, most trusts (some exemptions apply).
  • Non-financed
    Meaning the credit is not from a lender that has AML program + SAR filing obligations. Many private/hard money loans still count as "non-financed," depending on lender type.
Plain English: "LLC or trust buyer + cash/private/seller financing often means a FinCEN report."
The technical definition matters most when a loan is involved—some loans still trigger if the lender isn't subject to AML/SAR requirements.

Fast visual: does this deal trigger?

This is a simplified diagram for speed. Settlement will confirm applicability on each file.

Who files, and when?

Who files

The obligation belongs to the settlement side "reporting person" determined by FinCEN's reporting cascade (or a written designation agreement). In typical residential transactions, this ends up being the closing/settlement agent, title/underwriter, or similar settlement provider.

  • Agents do not file
    Agents should help clients prepare to avoid last-minute delays.
  • Only one reporting person per transfer
    Selected by the cascade or designation agreement.
  • No new AML program required for closers
    FinCEN explicitly says the rule doesn't impose an AML/CFT program obligation on these professionals.

When due

The Real Estate Report must be filed by the later of:

  • Last day of the month after the closing month
  • 30 calendar days after closing
Bottom line: Most files have about 30–60 days after closing for filing, but the key is getting the info gathered before closing so closing isn't held up.

What clients should have ready

Your flyer lists the practical "what to gather." Below is the same idea, organized for speed.

Entity buyers

  • Entity details
    Legal name, address, jurisdiction, EIN.
  • 25% owners + substantial control
    Identify real people behind any layered entities.
  • For each reportable person
    Name, DOB, home address, taxpayer ID, and an ID image.

Trust buyers

  • Trust basics
    Trust name, date executed, revocable or not.
  • Trust roles
    Trustees, grantors with revocation/withdrawal rights, and certain beneficiaries.

Funds & payment method

  • How funds are paid
    Wire/check/etc + source account details used for funds.

What changes for each group

Investors

  • Expect the request early
    If you buy in an LLC or trust and you're not using a traditional AML/SAR lender, plan on the report.
  • Layered ownership takes longer
    If another entity owns part of your LLC, you still must identify the real people behind it.
  • Don't promise "anonymity"
    Privacy goals are fine—just don't assume the rule preserves anonymity in entity/trust structures.

Real estate agents

  • Your role is prevention
    You won't file, but you can prevent closing friction by teeing up what clients will be asked for.
  • Ask two questions up front
    "Buying in personal name or entity/trust?" and "Bank-type financing or cash/private/seller?"
  • Set expectations
    Tell clients to watch for a secure link from settlement and to complete it promptly.

Private & hard money lenders

  • Your loan may not "avoid" reporting
    If your lending entity isn't subject to AML program + SAR obligations, the deal can still be treated as non-financed for this rule.
  • Coordinate early with settlement
    Confirm whether the lender qualifies as an AML/SAR lender. If unclear, settlement may reach out to you.
  • Speed wins
    Quick verification reduces "day-of-close" surprises.

How M&I Title makes this seamless

We're integrating FinCEN Real Estate Report requirements directly into our closing workflow so files don't stall. For transactions that trigger, we'll provide a secure online intake link powered by a specialized third-party platform, so clients can submit required information safely and quickly—often in minutes for simple structures.

  • Early identification
    We flag likely triggers during file opening, not at the closing table.
  • Secure online collection
    Clients upload IDs and ownership details through an encrypted portal (not email).
  • Fewer last-minute delays
    If entity/trust ownership is complex, we start earlier so closing stays on schedule.
Pro tip for everyone: The fastest closings will be the ones where the client completes the secure intake as soon as it's sent.
If you're buying in an LLC or trust and paying cash / using private or seller financing, plan to have ownership and ID details ready.
Quick FAQ
Secure online intake
Built into workflow
Less closing friction

FAQ (quick answers)

Is this a public record?
No. FinCEN's Real Estate Reports are filed into a federal system and are not public-record filings.
Does this apply in every state?
Yes. This is a nationwide rule for covered residential transfers.
Does a hard money loan always avoid reporting?
No. The rule's "non-financed" definition depends on whether the lender is a financial institution subject to AML program and SAR obligations. Some private/hard money lending still results in a "non-financed" transfer for this rule.
Are gifts or $0 transfers included?
Transfers can be covered even when no consideration is exchanged (for example, a gift), if the other trigger elements are met.
Who should the client talk to about privacy planning (LLCs, trusts, etc.)?
If a client's goal is privacy or anonymity, they should consult their attorney and tax advisor. Do not assume entity/trust structures will avoid reporting.
This page is designed as a practical resource for investors, agents, and private/hard money lenders. Settlement will confirm applicability on each closing based on the facts of the transfer.
© • M&I Title • Built for clarity and speed

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Have questions about FinCEN reporting? We're here to help.



If you are a buyer, you can count on us to represent you in a professional manner and look out for your best interest every step of the way! We will educate you on the process so that you can move forward in the process with confidence. We educate you on the market using our “live” real-time market data we publish and will help you use that to make sure that you make the best deal possible when you buy without missing what could have been the perfect home for you due to bad or inaccurate data.

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