Understanding FinCEN's Real Estate Report

FinCEN's Residential Real Estate Rule requires certain professionals involved in real estate closings and settlements to submit reports to FinCEN regarding certain non-financed transfers of residential real estate to legal entities or trusts.

When required, the closing professional must report to FinCEN key information about the buyer, including the entity or trust structure and the individuals who own or control it, limited identifying information about the seller, and basic transaction details such as the property, purchase price, and how the transaction was funded.

Sun Title will proactively help identify reportable transactions early, guide real estate professionals on when the FinCEN Residential Real Estate Rule applies, and clearly communicate what information buyers and sellers will need to provide.

For more information on FinCEN's Residential Real Estate Rule and the required Real Estate Report can be found below.
Register For the CE Course

Upcoming CE Course

Sun Title's FinCEN Reporting Rule and Money Laundering CE directly applies to daily real estate practice by helping agents, brokers, and attorneys spot potential FinCEN issues early, set accurate expectations with buyers and sellers, and avoid last-minute surprises that can delay or disrupt closings.

1 Hour Legal Virtual CE Course
Wednesday 2/18/2026 10:00 AM - 11:00 AM ET

Register

A Guide to Determine if Your Transaction is Reportable Under FinCEN's Residential Real Estate Rule

1

Ask About Buyer Structure

Ask: "Are you buying as an individual, LLC, trust, or other entity?" The answer determines if FinCEN reporting applies.
2

At Contract - Ask About Financing

Ask: "Bank mortgage or paying cash?" If they say cash, private loan, hard money, or seller financing, flag it. Traditional bank mortgage usually means no report needed.
3

Entity or Trust + No Bank Mortgage? Call Sun Title Now

If both boxes are checked, contact Sun Title immediately. Early heads-up means smooth closing. Late discovery means delays and headaches.

Preparing for a great real estate closing

What Real Estate Professionals and Consumers Need to Know About FinCEN's Residential Real Estate Rule

The resources that follow include short videos, easy-to-understand explanations, and other resources, for real estate professionals and consumers to quickly find answers and understand how to navigate the rule with confidence.

Let's Break It Down

Downloads
FinCEN
Commercial
Technology
Local insights
News
Title issues
Tips
Meet Sun Title
The closing experience
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Watch video

What is the FinCEN Real Estate Reporting Rule?

The FinCEN Residential Real Estate Anti-Money Laundering Rule requires certain all-cash and non-financed residential real estate purchases by entities or trusts to be reported to the federal government, including information about the real people who own or control the buyer.
FinCEN
All
Watch video

FinCEN: Is Your Transaction Reportable? A Quick 3-Question Check

If ANY one of these conditions is not present, no Real Estate Report is required.
FinCEN
All
Watch video

FinCEN: How Does the Rule Affect Real Estate Agents?

Real estate agents play an important role in the FinCEN reporting process, even though they rarely file reports themselves.
FinCEN
All
Watch video

FinCEN: How does the rule affect buyers?

The rule affects buyers differently depending on how they purchase the property.
FinCEN
All
Watch video

FinCEN: How does the rule affect sellers?

The rule has a limited impact on sellers.
FinCEN
All
Watch video

FinCEN: What information is needed from an entity buyer?

If the buyer is a legal entity such as an LLC, corporation, or partnership, the buyer must provide the entity’s legal name, type, jurisdiction of formation, and address, along with personal identifying information for all beneficial owners.
FinCEN
All
Watch video

FinCEN: What information is needed from a trust buyer?

If the buyer is a trust, the buyer must provide the trust’s legal name, structure, and address, as well as personal identifying information for relevant individuals connected to the trust, such as trustees, certain grantors or settlors, and beneficiaries with control or withdrawal rights.
FinCEN
All
Watch video

FinCEN: What information is needed from a seller?

The information required from a seller is limited and straightforward.
FinCEN
All
Watch video

FinCEN: What transaction information is required?

Specific transaction-level information must be included in the Real Estate Report in addition to party information.
FinCEN
All
Watch video

FinCEN: What is the timing of information gathering and reporting?

FINCEN expects that all required information is gathered before closing so the reporting party has everything needed to complete an accurate filing without delaying the transaction.
FinCEN
All
Watch video

FinCEN: Who is responsible for reporting?

Responsibility for reporting follows a specific order set by FinCEN, known as the reporting cascade.
FinCEN
All
Watch video

FinCEN: What is the impact on the transaction?

The most common impacts on a transaction relate to timing, information collection, and expectations rather than the ability to complete the sale.
FinCEN
All
Watch video

FinCEN: Is there a cost to file the Real Estate Report?

There is no government filing fee charged by FinCEN for submitting a Real Estate Report.
FinCEN
All
Watch video

FinCEN: What are the penalties for non-compliance?

Failure to comply with the FinCEN AML rule can result in significant civil and criminal penalties under the Bank Secrecy Act.
FinCEN
All
Watch video

FinCEN: Top 10 Pitfalls to Avoid

Top 10 pitfalls real estate agents should avoid under the FinCEN Residential Real Estate AML Rule.
FinCEN
All
Watch video

Common Questions About FinCEN Real Estate Reporting

FinCEN
All

Your FinCEN Questions, Answered

Sunny is an AI agent designed to help answer FinCEN reporting and other real estate transaction questions.

Additional FinCEN Resources

Downloads
FinCEN
Commercial
Technology
Local insights
News
Title issues
Tips
Meet Sun Title
The closing experience
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Watch video

A Guide to FinCEN's Residential Real Estate Rule

Downloads
All
Watch video

FinCEN Real Estate Reports Explained

Downloads
All
Watch video

FinCEN Real Estate Report Website

All
All