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FinCEN Residential Real Estate Reporting

EFFECTIVE DATE: March 1, 2026

To reduce business burden and ensure effective regulation, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) announced it will postpone reporting requirements of the Anti-Money Laundering Regulations for Residential Real Estate Transfers Rule (RRE Rule) until March 1, 2026.

FinCEN is taking this step to provide industry with more time to comply—consistent with the Administration’s agenda to reduce compliance burden—while still adequately protecting the U.S. financial system from money laundering, terrorist financing, and other serious illicit finance threats.

To implement this extension, FinCEN issued a temporary order granting exemptive relief from the reporting requirements. In the interim, any Real Estate Geographic Targeting Orders remain in effect. Read FinCEN's notice for more information.

We encourage Advocus agents to review the above FinCEN Rule as well as the other information in the Important Links section, below. We welcome your questions and feedback. Contact us.

Schedule B Exception (effective January 1, 2026): 

Advocus requires the addition of the following Schedule B Exception to all Commitments starting January 1, 2026 (excerpted from page 5 of the Advocus Overview: FinCEN Final Residential Real Estate Rule):

In the event that the contemplated transaction is a transaction for which a Real Estate Report is required to be submitted to the United States Department of the Treasury Financial Crimes Enforcement Network (“FinCEN Report”), then the parties to transaction (Seller(s) and Buyer(s)) shall, no later than the closing, provide to the Company the information and documentation necessary to enable the Company to complete the FinCEN Report. Such information and documentation includes full legal name, date of birth, residential street address, and the IRS taxpayer identification number of the beneficial owners of the Buyer(s), as further defined and described in Section 1010.821 of Chapter 31 of the Code of Federal Regulations (“Code”).

NOTE: The FinCEN Report requires that certain residential real estate transactions purchased with all cash or without institutional lender financing, where at least one buyer/transferee is a legal entity, limited liability company, corporation, partnership, trust, trustee or other non-natural person, must be reported to the United States Department of the Treasury’s Financial Crimes Enforcement Network. If the required information is not timely provided to the Company, the Company may elect to withdraw as the settlement company or otherwise be involved in the transaction.

Important Links

• OnDemand Program: FinCEN 2026 New RRE Rule
• FinCEN Postpones Residential Real Estate Reporting Until March, 1, 2026
• FinCEN's Final Residential Real Estate Rule
• Advocus's Overview: Final FinCEN Residential Real Estate Rule (Advocus Form 4272)
• FinCEN’s Residential Real Estate Fact Sheet
• ALTA’s Buyer Collection Form
• ALTA’s Seller Collection Form

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[Last update: 2-20-2026]