Effective March 1, 2026, certain professionals involved in real estate closings and settlements must file a Real Estate Report (RER) with the Financial Crimes Enforcement Network (FinCEN) for non‑financed transfers of residential real property to legal entities or trusts—nationwide and with no minimum purchase price.
We know this change can leave title professionals uncertain, so we are here to help you navigate this process with proper resources, clarity, and confidence.
This page summarizes what’s covered, who files, what to report, how to file, deadlines, and how AccuTitle will help.
At-A-Glance
- What’s covered: Non-financed (including all-cash or financed by a lender without AML/SAR obligations) transfers to entities or trusts. Direct transfers to individuals are NOT covered.
- Where/threshold: Nationwide. No minimum price.
- Due date: File by the later of (a) the last day of the month after the closing month, or (b) 30 calendar days after closing.
- AML program: Not required for reporting persons under this rule.
- Privacy: Reports are not public; FinCEN stores them in the BSA system.
- Filing method: FinCEN’s BSA E-Filing (online HTML form, fillable PDF, or batch/SFTP once enabled).
What Counts as “Non-Financed”
A transfer that does NOT involve an extension of credit to all transferees that is both (1) secured by the property and (2) extended by a financial institution with AML program and SAR obligations.
If credit is extended by a lender without those obligations, the transfer is treated as non-financed and may be reportable.
What Property Is Reportable
- One-to-four family homes, townhouses, condos, co-ops (including individual units in larger buildings).
- Mixed-use that includes residential use.
- Certain land where the transferee intends to build a one-to-four family residence.
Who Files (Reporting Cascade)
Exactly one person files the RER. If there’s no written designation agreement for that transfer, responsibility flows in this order:
- Person listed as the closing/settlement agent on the closing/settlement statement
- Preparer of the closing/settlement statement
- Recorder of the transfer instrument(s)
- Underwriter of the owner’s title insurance policy for the transferee
- Greatest disburser of funds
- Title status evaluator
- Preparer of the deed (or transfer instrument; for co-ops, the stock certificate)
- Designation agreements: Any two eligible parties may designate who files for a specific transfer. Each party must keep a copy for 5 years.
What Must Be Reported
- Reporting person (name, cascade role, U.S. business address)
- Transferee entity or transferee trust
- Beneficial owners of that entity/trust (name, date of birth, residential address, citizenship, TIN)
- Individuals signing for the entity/trust
- Transferor information and property details (address/legal description; closing date)
- Total consideration and payment details (including payor if not the transferee)
How AccuTitle Helps with FinCEN Real Estate Reporting
AccuTitle has built tools and resources designed specifically for real estate and title workflows.
Included with All AccuTitle Products (No Cost)
Every AccuTitle customer will have access to foundational FinCEN support, including:
- Identification of likely FinCEN-reportable transactions within your existing Title Management Platform (Accuair, TitleFusion, Closers’ Choice, Landtech and TrackerPro)
- Educational guidance on reporting triggers, deadlines, and retention requirements
- Ongoing updates as FinCEN finalizes forms, filing methods, and technical specifications
This ensures all title professionals using an AccuTitle Title Management Platform can understand their obligations and prepare early—without disruption or added cost.
AccuTitle FinCEN Portal: Paid Reporting & Submission Service
For firms that want a streamlined, centralized way to manage FinCEN reporting, AccuTitle has introduced a dedicated FinCEN Portal that will:
- Create and manage FinCEN Real Estate Reports using data already in your AccuTitle file
- Collect transferee and beneficial owner information directly from buyers and sellers through the FinCEN Portal
- Reduce manual re-keying by leveraging existing title data wherever possible
- Capture signed certifications and designation agreements
- Support direct filing workflows
Additional Information:
Reliance & Records
- You may rely on others’ information absent red flags.
- For beneficial ownership, you may rely only on information certified in writing by the transferee or its representative.
- Keep the BOI certification and any designation agreement for 5 years. (You do not need to retain a copy of the RER itself.)
How to File
- Account setup: Your organization enrolls in BSA E-Filing; users authenticate with Login.gov.
- Filing options (as described by Treasury/FinCEN): online HTML form; PDF form; batch uploads on the site; or automated SFTP for bulk filings.
Cost
Filing directly through BSA E-Filing is free. Third-party providers may charge fees—review their terms carefully.
Deadlines
File by the last day of the month after the closing month OR 30 calendar days after closing—whichever is later.
Example: Closing on March 10 → due April 30 (later than April 9).
Are there any penalties for not filing?
- Civil penalties:
- Negligent violation: up to $1,430 per violation
- Pattern of negligent activity: up to $111,308
- General willful civil penalty: approx. $71,545–$286,184 (range depends on statute)
- Criminal penalties for willful violations can include up to 5 years’ imprisonment and fines, or up to 10 years/$500,000 if part of a qualifying pattern or with another U.S. law violation.
Litigation & Effective Date
As of today, FinCEN’s official hub still lists March 1st, 2026 as the effective date.
More Resources
About This Page
This resource consolidates official FinCEN materials for title professionals. It is for information only and not legal advice. AccuTitle is a software provider and does not provide legal services.
Last updated: September 11, 2025
Frequently Asked Questions
Will AccuTitle tell me which transactions are subject to FinCEN reporting?
Yes. All AccuTitle products will help identify likely FinCEN-reportable transactions at no additional cost.
Is FinCEN reporting included for free?
Transaction identification and educational guidance are included. Creating, managing, and submitting FinCEN reports will be available through the paid AccuTitle FinCEN Portal.
Do I need to use the AccuTitle FinCEN Portal to comply?
No. The portal is optional. It’s designed for firms that want a centralized, efficient way to manage reporting and documentation.
How do I learn more about the AccuTitle FinCEN Portal?
We have a detailed blog regarding the FinCEN Portal here: Blog: AccuTitle FinCEN Portal
Will AccuTitle submit reports directly to FinCEN?
AccuTitle will support direct filing workflows once FinCEN finalizes approved submission methods.
Our commitment:
AccuTitle is here to help title professionals stay compliant, informed, and confident—today and as FinCEN requirements evolve.