Client Alerts  - Real Estate October 23, 2025

New Reporting Obligations for Certain Non-Financed Transfers of Residential Real Estate to Legal Entities or Trust

Real estate legal signing

Certain real estate transactions must be reported to FINCEN beginning December 1, 2025

Starting December 1, 2025, certain professionals involved in real estate closing and settlements must submit reports to the Financial Crimes Enforcement Network (FINCEN) regarding certain non-financed transfers of residential real estate to legal entities or trust (“transferees”).

Typically, the reporting obligation will be on title companies, but clients will have to be involved in gathering the information that the title companies will need to include in their report, which consists of:

  • Total consideration and information about any payments made by the transferees.
  • The identity of the reporting party.
  • The real property.
  • The transferor, the transferees and the individuals representing them.
  • The beneficial owners of the transferee entity or transferee trust, including their name, date of birth, residential address, citizenship and taxpayer ID.

Any non-financed transfers of residential real estate not subject to exemption must be reported.

Additional Assistance

For more information, please contact a member of our Real Estate Industry Team or the Phillips Lytle attorney with whom you have a relationship.

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