Will Your Closing Trigger FinCEN Reporting? 4 Questions to Know Before March 1, 2026
Автор: Danilson Law, PLC
Загружено: 2026-02-21
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A new federal real estate reporting rule is coming — and when it applies, the closing won’t happen without compliance.
Starting March 1, 2026, FinCEN’s Residential Real Estate Rule requires certain real estate professionals involved in closings/settlements to file a Real Estate Report for certain non-financed transfers of residential real estate to legal entities or trusts (with exceptions).
In this video, Iowa real estate attorney Jeremy Danilson breaks the rule down in plain English — so you know when it applies, what’s required, and why it’s bigger than most people think.
The 4 questions that decide everything
Is the property residential?
Is the transaction “non-financed”? (Not just cash — it can include transactions without a traditional institutional lender that already has federal AML obligations.)
Is the buyer an entity or a trust?
Does an exception apply? (Examples can include certain transfers tied to divorce, death, bankruptcy, or a qualified intermediary in a 1031 exchange.)
What information is required?
If the rule applies, the report includes details about the transfer — and critically, beneficial ownership information (the real people behind the entity/trust). FinCEN expects this information to be handled securely.
Penalties (why you can’t “deal with it later”)
FinCEN’s guidance notes civil penalties for negligent violations and civil + criminal penalties for willful violations (including potential fines and imprisonment).
How we protect sensitive information at Danilson Law
At Danilson Law, we use ClosingLock as visible proof of safety — a secure, encrypted portal to protect sensitive closing information (and to avoid “random emails” and unsecured attachments). That security-first approach is exactly what this new compliance environment demands.
If this helped you, share it — most people haven’t heard of this yet.
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