This article sets out the steps involved in preparing and filing a Real Estate Report, from confirming that a transfer is reportable through filing, confirmation, and recordkeeping. Current status (October 2026): The Residential Real Estate Rule was vacated by a federal court on March 19, 2026 and is not currently enforceable. FinCEN has appealed, and

The term “non-financed” is the most frequently misread element of the Real Estate Rule. It is not limited to all-cash purchases. This article explains how FinCEN defines a non-financed transfer and how the definition applies to private lending, seller financing, and other common structures. Current status (October 2026): The Residential Real Estate Rule was vacated

The Real Estate Rule imposes a limited but strict recordkeeping obligation. This article identifies which records must be retained, which parties must retain them, and how to build retention into a closing workflow. Current status (October 2026): The Residential Real Estate Rule was vacated by a federal court on March 19, 2026 and is not

The Real Estate Report is a Bank Secrecy Act filing, and failures to comply carry the same civil and criminal penalties that apply to other BSA reporting obligations. This article explains the penalty framework, the protections available to reporting persons, and how liability stands while the rule remains vacated. Current status (October 2026): The Residential

A Real Estate Report cannot be completed without information that only the transferee can supply. This article explains FinCEN’s position when a transferee withholds that information, the options available to the reporting person, and how to prevent the situation from arising at closing. Current status (October 2026): The Residential Real Estate Rule was vacated by

Buyers acquiring residential property through a legal entity or trust are often the last to learn about the Real Estate Report and the first to ask questions at closing. This article answers the questions title and settlement offices most often receive from those buyers, and can be shared with clients ahead of a transaction. Current

The Residential Real Estate Rule is vacated, but the litigation is not over. This article explains where the appeals stand, the outcomes they could produce, what FinCEN has said about the period of vacatur, and how offices can prepare for each scenario. Current status (October 2026): The Residential Real Estate Rule was vacated by a

Not every transfer to an entity or trust is reportable. FinCEN exempts a defined set of regulated parties from the definitions of transferee entity and transferee trust. This article identifies the exempt categories and explains how the exemptions apply. Current status (June 2026): The Residential Real Estate Rule was vacated by a federal court on

The Real Estate Report has a single filing deadline defined by reference to two dates. This article explains how the deadline is calculated, illustrates it with examples, and outlines how to incorporate it into a post-closing process. Current status (June 2026): The Residential Real Estate Rule was vacated by a federal court on March 19,

A designation agreement allows the parties to a closing to reassign responsibility for filing the Real Estate Report. This article explains how designation agreements work, their permitted uses, and the recordkeeping obligations that accompany them. Current status (June 2026): The Residential Real Estate Rule was vacated by a federal court on March 19, 2026 and