FinCEN Anti-Money Laundering Rules
Statement on New FinCEN Compliance Proce
Effective Date: All new files opened on or after November 30, 2025, where the grantor or grantee is an entity (LLC, corporation, partnership, etc.) or a trust, will be subject to additional compliance requirements under the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) Anti-Money Laundering (AML) Rule.
Why This Process is Required
Recent federal regulations (31 CFR 1031.320) mandate reporting of certain residential real estate transactions involving all-cash purchases or transfers without institutional lender financing, when a buyer, seller, or transferee is a legal entity or trust. The rule is intended to increase transparency and prevent money laundering in real estate transactions.
Settlement agents and title agencies are required to collect and certify specific information about these entities and trusts, including details on beneficial owners, trustees, beneficiaries, and funding sources. To comply, additional documentation must be completed and submitted with each applicable transaction.
Required Documentation
Beginning with the effective date, clients must complete and return the following forms (linked below for download):
- ALTA FinCEN Buyer Collection FormALTA FINCEN BUYER Collection Fo…
- ALTA FinCEN Seller Collection FormALTA FINCEN SELLER Collection F…
These forms request detailed information about the buyer, seller, and any associated entities or trusts, as well as the origin of funds used in the transaction.
Administrative Fee
To cover the costs of compliance review, information collection, and reporting to FinCEN, our agency will charge a flat fee of $250 per applicable transaction. This fee applies only in cases where the grantor or grantee is an entity or trust, and it will be collected as part of the settlement process.