FinCEN Real Estate Reporting – Agent Guide
Effective March 1, 2026
Federal regulations issued by the Financial Crimes Enforcement Network (FinCEN) require certain real estate transactions to be reported to the U.S. Treasury. These rules are designed to prevent fraud, money laundering, and financial crimes in real estate.
Indiana Title Network is responsible for handling all FinCEN reporting. Agents are not required to submit anything directly to FinCEN — but early identification of covered transactions is critical to prevent closing delays.
Which Transactions Are Most Likely to Be Covered?
Assume FinCEN reporting will apply if a transaction involves:
- Cash purchases
- LLCs, trusts, partnerships, or corporations
- Investment or rental properties
- Private, hard-money, or non-traditional financing
- Third-party or pooled funds
- Foreign buyers or foreign entities
- Trusts, estates, or inherited property
If any of these apply, Indiana Title Network should be notified as soon as the file is opened.
Which Transactions Are Usually Not Covered?
These transactions are typically not subject to FinCEN reporting:
- Purchases using a traditional mortgage from a regulated U.S. lender
- Owner-occupied residential purchases
- Standard retail home sales with institutional financing
Indiana Title Network will confirm coverage on a file-by-file basis.
What Agents Should Flag Early
When submitting a new order, please let Indiana Title Network know if:
- The buyer or seller is an LLC, trust, estate, or partnership
- Someone is signing under a power of attorney or trustee authority
- Funds will come from more than one source
- The buyer is paying all or part in cash
- A foreign person or entity is involved
Early disclosure allows us to determine whether FinCEN reporting applies and request any required information well before closing.
What Indiana Title Network Will Handle
If a transaction is subject to FinCEN reporting, Indiana Title Network will:
- Provide the required FinCEN compliance forms
- Collect and verify identity and ownership information
- Perform the federal reporting
- Securely retain records as required by law and underwriter guidelines
Agents do not file reports and do not collect sensitive compliance data unless we specifically request it.
Why This Matters
FinCEN reporting is a federal requirement. Missing or late information can cause:
- Closing delays
- Disbursement holds
- Regulatory compliance issues
Early identification helps keep transactions smooth, on schedule, and fully compliant.
Questions?
If you are unsure whether a transaction may be covered, contact Indiana Title Network as soon as the file is opened.
Federal compliance. Local expertise.