FinCEN Changes to Take Effect March 1, 2026 - What Our Buyers and Sellers Need to Know

Changes are coming to residential real estate transactions regarding the amount of information their title companies require. Starting March 1, 2026, the Financial Crimes Enforcement Network (FinCEN) will require all title companies and closing attorneys to collect and report information on certain non-financed transactions. It's commonly referred to as the "Residential Real Estate Reporting Rule". What does this mean for you and your buying and/or selling plans for 2026?

Per the FinCEN website, "The Real Estate Report will be a new form that certain real estate professionals involved in certain real estate closings and settlements must file with FinCEN for certain transfers of residential real estate that are high-risk for illicit finance."

To FinCEN, a "high-risk" transfer is one paid entirely in cash, without a loan from a regulated financial institution that is required to have an anti-money laundering program. Transactions involving a legal entity or trust are also considered "high-risk" and may require completion of the new reporting. There are exceptions that may apply. For more information, see the document below.

No. There are several scenarios in which the FinCEN Real Estate Report would not be required. The document below from FinCEN's website provides a brief overview of the applicable exemptions. In addition, Gladys Manion will always work with the title agency involved with the transaction to answer any questions or concerns you may have.

If your transaction does, in fact, require the reporting to be completed, you will work with your Gladys Manion agent and the title company to provide things like beneficial ownership information, identification documents, and details about the purchasing entity or trust. Your agent and your title representative will guide you through the process to answer any questions.

Don't panic. This may apply to you; it may not. And if it does, it's simply another step in the real estate transaction process. 

More information on the Real Estate Report and FinCEN can be found here.

For questions regarding filing obligations, we work closely with trusted title partners to ensure compliance. We are always available to meet with you and a title agent to answer questions and address concerns.