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As a reminder, the Financial Crime Enforcement Network's (FinCEN) Residential Real Estate rule (the "Real Estate Rule") is effective March 1, 2026. The Real Estate Rule was originally to take effect December 1, 2025, but FinCEN's subsequently announced a temporary exemptive relief, extending the effective date until March. We have previously blogged about the Real Estate Rule here and here.
To recap, the Real Estate Rule institutes a new reporting form, the "Real Estate Report" which imposes a nation-wide reporting requirement for certain non-financed transfers of residential real estate to legal entities or trusts. Beginning March 1st, the "reporting person" must file the Real Estate Report electronically through FinCEN's BSA E-Filing System. The Real Estate Rule provides a "cascading" reporting structure that requires at least one person involved in the real estate transaction to file the Real Estate Report.
The Real Estate Rule has been subject to various lawsuits, including one case in Florida that argues the constitutionality of the rulemaking. In that Florida case a recent Magistrate Judge's Report and Recommendation concluded that the Real Estate Rule was statutorily authorized by the Bank Secrecy Act and recommended summary judgment be granted to the Department of the Treasury. The Plaintiff has objected to the Magistrate Judge's Report. Despite the pending lawsuits, and as of now, the Real Estate Rule appears to be on track for the March effective date.
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