02/27/2026
DEAR REAL ESTATE INVESTORS...
Remember what goes into effect on March 1st, 2026.
(FinCEN) Residential Real Estate Rule
UPDATE [Starting March 1, 2026]:
The Residential Real Estate Rule requires certain professionals involved in real estate closings and settlements to submit reports to FinCEN regarding certain non-financed transfers of residential real estate to legal entities or trusts.
Q. What is a non-financed transfer?
A non-financed transfer of residential real property is a transfer that does not involve an extension of credit to all transferees (the entity or entities buying or receiving the property) that is both (1) secured by the transferred property and (2) extended by a financial institution subject to anti-money laundering (AML) program requirements and Suspicious Activity Report (SAR) reporting obligations. Transfers that are financed by a lender without an obligation to maintain an AML program and a requirement to file SARs are treated under the rule as non-financed transfers that must be reported if other criteria making a transfer reportable are met.
Q. Transfers of residential real estate are not reportable if they involve an extension of credit to all transferees by a financial institution that has both an obligation to maintain an anti-money laundering program (AML) and an obligation to report suspicious transactions. What are examples of such institutions?
Financial institutions subject to AML program requirements and an obligation to report suspicious transactions include, for example:
Banks;
Credit unions;
Savings and loan associations;
Residential mortgage lenders and originators, generally known as “mortgage companies” and “mortgage brokers”;
Federal National Mortgage Association (Fannie Mae); and
Federal Home Loan Mortgage Corporation (Freddie Mac).
If a reporting person is unsure whether a lending institution is subject to these obligations and requirements, the reporting person may wish to ask the lending institution directly. The reporting person may rely on information provided by any other person for purposes of reporting information or to make a determination necessary to comply with the final rule, but only if the reporting person does not have knowledge of facts that would reasonably call into question the reliability of the information.
The form link:https://www.fincen.gov/.../files/2025-09/RER-Form-508C.pdf
IAMMICKI | RE Strategist
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MomentousRealty.com