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FinCEN's New Residential Real Estate Reporting Rule: Covered Entities and Property Transfers; Reporting Requirements

Effective Dec. 1, 2025; Best Practices for Preparation and Compliance

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, October 9, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 12, 2025

or call 1-800-926-7926

This CLE webinar will guide practitioners through the Department of the Treasury's Financial Crimes Enforcement Network's (FinCEN) long-awaited residential real estate reporting rule, effective Dec. 1, 2025, to increase transparency in non-financed residential real estate transactions that will significantly impact covered real estate entities. The panel will address who is covered by the new rule, the reporting requirements, and best practices to prepare for compliance.

Description

In its ongoing efforts to combat and deter money laundering, FinCEN's long-awaited final rule that extends anti-money laundering reporting requirements to the residential real estate sector nationwide and increases the transparency of certain non-financed real estate transactions goes into effect Dec. 1, 2025.

The final rule covers businesses, including attorneys, performing specified closing or settlement functions for the non-financed sale or transfer of residential real property to a legal entity or trust. The final rule requires a reporting person, as identified in a reporting cascade, to collect and report certain information related to the transaction to FinCEN in a Real Estate Report.

Reportable information includes beneficial ownership information for the legal entity (transferee entity) or trust (transferee trust) receiving the property, information about individuals representing the transferee entity or transferee trust, information about the residential real property being sold or transferred, information about the transferor/seller, and information about any payments made.

Real estate counsel and clients should understand the extensive reporting requirements, including required reporting persons, reportable transfers of property, and reportable transferees, in order to perform the due diligence required and put processes in place to prepare for reporting obligations.

Listen as our expert panel guides practitioners through the FinCEN final rule soon to take effect and discusses the impact the reporting requirements will have on covered real estate businesses. The panel will also offer best practices for taking steps now to prepare for compliance.

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Outline

  1. Introduction to the final rule
    1. Purpose
    2. Bank Secrecy Act
    3. Residential Real Estate GTO Program
  2. The final rule
    1. Covered transfers of residential real property
    2. Reporting requirements
    3. Reporting persons
    4. Report filing and recordkeeping
    5. Exemptions
    6. Penalties for noncompliance
  3. Compliance timeline
  4. Next steps: preparing for compliance obligations
  5. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • Who are required reporting entities? Reporting persons?
  • What information will be required to be reported?
  • Who are the reportable transferees and to what residential real estate transactions does the final rule apply?
  • What steps should counsel and their clients take now to prepare for compliance?

Faculty

Freeny, Kyle
Kyle R. Freeny

Shareholder
Greenberg Traurig

Ms. Freeny, a skilled trial attorney and former federal prosecutor for the Special Counsel’s Office and the...  |  Read More

Halpern, Jonathan
Jonathan N. Halpern

Partner, White Collar Defense and Investigations
Holland & Knight

Mr. Halpern represents corporations and individuals in investigations and prosecutions spanning a breadth of criminal...  |  Read More

LaViña, Salvador
Salvador P. LaViña

Partner, Real Estate Department Chair
Barnes & Thornburg

Mr. LaViña is Barnes & Thornburg’s Real Estate department chair. As a trusted business lawyer and...  |  Read More

Attend on October 9

Early Discount (through 09/12/25)

Cannot Attend October 9?

Early Discount (through 09/12/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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