Financial Crimes Enforcement Network

FinCEN’s final rule requires certain real estate closing and settlement professionals to report specific non-financed residential real estate transfers made to legal entities and trusts nationwide. The rule is intended to increase transparency, help law enforcement identify potential money laundering through real estate.

ALTA submitted a letter to FinCEN Director Andrea Gacki outlining recommendations to reduce the Rule’s burden on title professionals, specifically calling for practical adjustments to its scope and guidance and for FinCEN to provide adequate lead time for the industry should reporting resume.

The federal government’s new residential real estate reporting rule is the most significant regulatory change for title professionals since TRID—and it’s going to cost your operation time, resources and stress if you’re not prepared.

The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued a proposed rule that requires certain people involved in real estate closings and settlements to report information to the agency about all-cash residential transactions nationwide involving legal entities and trusts.

The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) final rule requiring reporting of all-cash residential transactions nationwide involving legal entities and trusts goes into effect Dec. 1, 2025. Listen to this webinar recording to learn how this rule will impact title and escrow operations.

These Frequently Asked Questions (FAQs) are explanatory only and do not supplement or modify any obligations imposed by statute or regulation. These FAQs supersede any prior FAQs that have been issued. FinCEN expects to publish further guidance in the future. Questions may be submitted on FinCEN’s Contact Us web page.

FinCEN’s fact sheet explains the final rule requiring certain real estate closing and settlement professionals to report specific non-financed residential real estate transfers to legal entities and trusts nationwide. It summarizes when a transfer must be reported, who must file, what information is required and key compliance details.

Real estate transactions involving entity or trust buyers may trigger reporting requirements, including the collection of buyer, beneficial owner, seller, property and payment information. Review the reporting requirements and key exemptions to better understand when a transaction may or may not need to be reported.

Access reporting forms to comply with FinCEN requirements—some resources are available only to ALTA members and policy forms license holders and are included with your current membership or license, while non-members may purchase access to the resources below by logging in or creating an account.

Access resources provided by FinCEN to help with compliance, including frequently asked questions, reference guides and filing resources.

Significant operational strain, widespread uncertainty and growing concern defined the title industry’s experience under FinCEN’s Residential Real Estate Rule, according to a new survey from ALTA.