New FinCEN requirements for real estate

As of March 1, 2026, the federal government put new reporting requirements in effect for certain transfers of real estate. Reporters, including real estate officers and attorneys, are required to disclose information about the transaction to the government, including certain transfers of a house into a trust.

The reporting appears to be meant to help law enforcement understand who is behind transfers, who benefits, etc. This reporting requirement comes from the government office that deals with money laundering and terrorism financing, so the consequences for failing to report when required can be severe.

However, the whole thing is in question right now because a federal court ruled on March 19, 2026 that this reporting requirement was unconstitutional, while apparently a different court ruled that it was okay. As of today, the government appears to have put this reporting requirement on pause. We’ll have to see how things play out in court. Nonetheless, if you’re considering transferring a house into trust, it’s worth looking into this reporting requirement.


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