What is the FinCEN real estate report?
The real estate report is a new federal anti money laundering report filed with the U.S. Treasury (FinCEN) for certain residential real estate transfers starting in 2026. It is NOT a public record. Clients can be done in as little as 5 minutes with this new closing task.
When it is required (simple trigger test)
Expect a report when ALL are true:
- Residential property
- Buyer is an entity (LLC, corporation, partnership) or a trust
- No traditional bank mortgage (cash, private, hard money, seller financing often triggers)
Can include no cost transfers (gifts). Applies in all states. Some transfers are exempt. Closing agent confirms if this is needed. The closing agent files (or a designated party). Real estate agents do not file but should have knowledge of this new requirement.
Process and timing
- Closing agent typically emails a secure link to a short online form. Completing it promptly reduces closing friction.
- Simple structures often take 5 minutes. Complex entities or trusts can take longer.
- Closing agent needs the information before closing per federal requirements.
What clients must provide to closing agent
Entity Buyer:
- Entity legal name, address, jurisdiction, EIN
- Individuals with 25%+ ownership
- Individuals with substantial control (major decision authority)
- If another company owns any part, identify the real people behind it
Trust Buyer:
- Trust name, date executed, revocable or not
- All trustees
- Grantors who can revoke or withdraw assets
- Beneficiaries who can demand money or withdraw substantially all assets
- If a trustee is a company, identify the real people behind it
For each listed individual:
- Legal name, date of birth, home address
- Taxpayer ID (SSN or ITIN)
- Government ID image
- (Buyers Only) How funds are paid (wire, check, etc.) and source account information for funds used (number and bank name)
Seller side:
- Sellers may be asked for basic identifying info, including taxpayer ID
Closing Agent talking points:
“LLC or trust buyer plus no bank mortgage usually means a FinCEN report.”
“It is routine compliance. Fast responses prevent delays.”
“If privacy is a goal, do not promise anonymity. Tell clients to speak with their attorney.”
“Personal name, entity, or trust? Bank mortgage, or cash/private financing? If entity or trust plus no bank mortgage, tell the client to expect a secure compliance form and to prepare ownership, ID, and payment source details.”
Live explainer pages:
- Buyers: fincenrealestatereport.com/fincen-for-buyers/
- Sellers: fincenrealestatereport.com/fincen-for-sellers/
For more information, reach out to FinCEN directly:
(877) 602-2237
contact@fincenrealestatereport.com
fincenrealestatereport.com
