Understanding the FinCEN Residential Real Estate Rule: Webinars, Resources, and What Title Agents Need to Know

FinCEN’s new residential real estate rule is coming March 1, 2026

A nationwide reporting shift is replacing Geographic Targeting Orders and expanding what must be collected, certified, and filed for certain all-cash deals.

A major change is on the horizon for residential real estate transactions. The FinCEN Residential Real Estate Rule (RRE Rule) takes effect March 1, 2026, replacing the current Geographic Targeting Orders (GTOs) and expanding reporting requirements nationwide. If you handle closings, now is the time to understand what’s changing, which transactions are covered, and what information you’ll be required to file.

What’s changing on March 1, 2026

Under the RRE Rule, FinCEN is shifting from limited, location-based reporting to a single national standard. That means transactions that may never have triggered reporting under GTOs could now be reportable, regardless of where they occur.

Most importantly, the rule focuses on non-financed, all-cash residential real estate transfers to entities and trusts. There is no minimum dollar threshold, meaning even lower-price transactions may be reportable if they meet the rule’s criteria.

Which transactions are targeted

FinCEN’s goal is to increase transparency in transactions where ownership can be masked behind legal structures. In general, the rule focuses on non-financed, all-cash residential real estate transfers where the buyer is an entity or a trust. The rule also includes a broad definition of “residential real property,” covering one- to four-family structures, certain vacant land intended for residential construction, and more.

If you’re working files now that may close on or after March 1, 2026, it’s worth identifying which ones could fall within scope so you can start planning for information collection early.

Who files the report

In most cases, the settlement agent will be the reporting person. However, the rule establishes a reporting cascade (a hierarchy of seven possible reporting roles), and parties may reassign the reporting responsibility using a transaction-specific designation agreement.

A key takeaway: designation agreements must be created for each individual transaction. Blanket agreements are not allowed. If reporting responsibility is reassigned, the designation agreement should be retained as part of your records.

What must be reported (and where)

Reporting under the RRE Rule is not a simple checkbox. It requires extensive details about the transaction and the parties involved, including beneficial ownership information for entities and trusts.

Reports must be filed electronically through FinCEN’s BSA E-Filing System. The required information can include transaction details, property details, payer information, and identification data for relevant individuals and beneficial owners. For beneficial ownership information specifically, reporting persons generally must obtain a written certification from the transferee or an authorized representative.

How First American is helping

To support agents through this change, First American has launched the FinCEN Hub, available to First American Title agents through AgentNet Knowledge. The hub will continue to expand with webinars, FAQs, forms, instructions, and ongoing updates as new guidance becomes available.

For general FinCEN information available to all (including non-First American Title agents), visit the firstam.com/fincen page.

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