New FinCEN Rules: What Homebuyers Need to Know When
Using an LLC or Trust
A significant change is coming to the real estate industry that may impact certain residential
transactions—particularly those involving LLCs, corporations, or trusts. The Financial Crimes Enforcement
Network (FinCEN), a bureau of the U.S. Treasury, is implementing a new Residential Real Estate Rule (RRE
Rule), effective March 1, 2026.
This new rule is designed to increase transparency in the real estate market and combat money laundering. For
decades, it has been possible to obscure the true owner of a property by purchasing through shell companies or
trusts. FinCEN’s regulation is intended to close these loopholes.
Will My Transaction Be Affected?
Most everyday home purchases will not be affected. The Residential Real Estate Rule primarily applies to
non-financed purchases of residential property made by legal entities or trusts.
Your transaction may be reportable if ALL of the following apply:
• The property is residential, including single-family homes, condominiums, co-ops, townhouses, or vacant
land intended for a 1–4 unit dwelling.
• The purchase is all-cash or financed through a private or seller-financed loan.
• The buyer is an LLC, corporation, partnership, or trust.
If you answered YES to all three, your transaction is likely covered under FinCEN’s Residential Real Estate
Rule.
What Information We Are Required to Collect
Title One is legally required to collect and submit beneficial ownership information to FinCEN.
Beneficial Ownership Information
We must identify any individual who owns 25% or more of the purchasing entity or exercises substantial control.
Required Personal Information
• Full legal name
• Date of birth
• Residential address
• Government-issued identification number
Written Certification
Buyers must certify in writing that all information is accurate and complete.
Penalties for Non-Compliance
• Civil penalties including substantial fines.
• Criminal penalties for willful non-compliance.
Guarding Against Fraud: Your Diligence Matters
• Verify wiring instructions.
• Review documents carefully.
• Avoid sharing sensitive information electronically.
We’re Here to Help
Title One is committed to guiding you through these changes.
The Real Estate Closing Specialists