02/07/2026
“Starting March 1, 2026, any all‑cash sale to an LLC, corporation, or trust will require the title company to collect ownership and control information and report the transaction to FinCEN, per federal law. This may require extra documentation upfront and could impact closing timelines if information is delayed.”
Federal law requires title and settlement professionals to file a Real Estate Report with FinCEN for certain non‑financed (all‑cash) transfers of residential real property when the buyer is an entity or a trust. This expands prior geographic orders to a nationwide rule with no minimum price threshold.
What Transactions Are Covered?
• Residential real property: 1–4 family homes, condos, co‑ops, townhomes, and certain residential‑use land.
• Non‑financed transfers: Includes all‑cash or private/seller financing without AML/SAR obligations.
• Buyer is an entity or trust: LLCs, corporations, partnerships, domestic/foreign trusts.
Who Files and When?
Settlement Agent (Title Company) must file. Due date: later of (a) the last day of the month of closing, or (b) 30 days after closing.
Information Title Will Need to Collect
• Transferee LLC/Corporation/trust details and beneficial owners (≥25% ownership or substantial control).
• Identifying information for individuals signing on behalf of the entity/trust.
• Seller information and property details.
• Purchase price and payment details.
What REALTORS® Should Do Now
• Ask upfront if the buyer will be an LLC, corporation, partnership, or trust.
• Gather entity/trust documents and beneficial‑owner info early.
• Inform clients that closings may be delayed without required information.
Examples of Transfers Typically Not Reportable
• Transfers due to death, divorce, or certain court orders.
• No‑consideration transfers from an individual to a trust they or their spouse created.
• 1031 exchanges and transactions with no reporting person.
Reminder: This rule changes what must be disclosed, not who can buy or sell. It primarily affects cash/entity or trust buyers and moves information‑gathering earlier in the process.
Questions? Contact Safe Harbor Title Agency — We’ll guide you through FinCEN’s new requirements and keep your closing on track.