FinCEN
Does This Apply to Your Transaction?
Not every home purchase triggers this rule. Reporting is required only when a transaction meets all three of the following criteria simultaneously.
If you are purchasing a home in your own individual name with a mortgage from a traditional bank or regulated financial institution, this rule generally does not apply to you.
Criterion 1 — Residential Property
Single-family homes, condos, co-ops, townhomes, or buildings designed for 1–4 families. Vacant land zoned or intended for residential use is also included.
Criterion One
Criterion 2 — Non-Financed (Cash) Purchase
The purchase is not financed by a bank with a standard AML program. This includes all-cash deals, private loans, hard money loans, and seller financing. There is no minimum dollar threshold.
Criterion Two
Criterion 3 — Entity or Trust Buyer
The buyer must be a legal entity (LLC, Corporation, or Partnership) or a Trust of any kind. This rule applies in all 50 states and includes many no-cost or nominal transfers.
Criterion Three
What Information Must Be Reported?
When a transaction is reportable, Arizona Premier Title is legally required to file a Real Estate Report (RE Report) with FinCEN. We collect this through our secure partner platform at fincenrealestatereport.com.
Beneficial Ownership Information
Full legal name, date of birth, residential address, taxpayer ID, and a unique identifying number (passport or driver’s license) for every individual who owns 25% or more, or who has “significant control” over the entity. If no one owns 25%, at least one key decision-maker must be listed. If a corporate entity is part of the buyer structure, the real people behind it must be identified.
Authorized Signatory
Identification information for the individual who physically signs the closing documents on behalf of the entity or trust. This is reported separately even if the signer is also a beneficial owner.
Transaction Details
Property address, closing date, total purchase price, and the source of funds — including the names and account numbers of the banks from which the wire transfer originated. All payment account information is required for buyers.
Seller Information
APT must also collect basic information from the seller, including their taxpayer identification number, to verify the transaction details and total consideration paid reported to the federal government.
Privacy & Compliance
Your Privacy & Security
We understand that providing sensitive personal information requires trust. Here is what you need to know.
Not Public Record
The FinCEN report is a confidential Treasury filing. It is not on the deed, not searchable by the public, and not visible to the seller.
You Don’t File — We Do
The responsibility to prepare and submit the report lies with Arizona Premier Title. You provide the information; we handle the filing.
Mandatory Certification
You will be asked to sign a certification confirming that the beneficial ownership information you provided is accurate and complete.
Secure Platform
APT uses fincenrealestatereport.com — a trusted, encrypted digital platform. The process takes approximately five minutes.
Compliance Is Mandatory — We Cannot Waive It
This is a federal requirement under U.S. Treasury regulations. APT cannot waive, reduce, or delay these obligations. If a buyer refuses to provide the required information, APT may be legally unable to close the transaction — which could leave the seller in breach of contract.
What Buyers Can Expect
If your transaction is reportable, APT will reach out to coordinate the FinCEN reporting process before closing.
The Reporting Process
You will receive an invitation email from APT with a secure link to a short online form at fincenrealestatereport.com. The system guides you step by step and takes approximately five minutes. We recommend opening the link on a desktop computer.
For assistance before you receive the link, contact APT directly. After receiving it, email support@fincenrealestatereport.com or use the secure live chat in the portal.
Reporting service fee: Estimated under $200 for simple transactions.
Three Steps to Prevent Closing Delays
Identify Beneficial Owners Early
If buying through an LLC or Trust, identify all beneficial owners and trustees at the time of contract — not at closing. Have your corporate transparency documents ready immediately.
Gather Government-Issued ID
Have clear, unexpired copies of government-issued photo ID ready for all individuals who must be listed — all owners with 25%+ stakes and any key decision-makers.
Confirm Your Funding Source
Be prepared to provide the specific bank name(s) and account details for the funds being used. Wire transfer source information is required as part of the report.
Guidance for Sellers
What Sellers Need to Know
While the FinCEN rule primarily focuses on the buyer, sellers are not entirely unaffected.
Your Information Will Be Collected
APT must collect basic information from you as the seller, including your taxpayer identification number, to verify the transaction details and total consideration paid reported to the federal government.
The Report Is Not Visible to You
The FinCEN RE Report is a confidential federal filing. The buyer’s beneficial ownership details are not available to you as the seller and are not part of the public record or deed.
⚠ Closing Risk If Buyer Refuses
If the buyer refuses to provide the required beneficial ownership information, APT may be legally unable to complete the closing. This could leave you in breach of contract, potentially without recourse. Ensure buyers are aware of this requirement early in the transaction.
Set Expectations at Listing
If your home may attract all-cash offers from LLCs or trusts, inform your agent early. Embedding buyer compliance expectations at the offer or contract stage significantly reduces the risk of last-minute closing delays.
Guidance for Real Estate Agents
Action Items to Protect Your Closing
Real estate agents are the first point of contact. Setting proper expectations early is the single most effective way to prevent compliance-related closing delays.
Identify the Buyer Early
Ask on Day 1: “Will you be taking title in the name of an LLC, Corporation, Partnership, or Trust?” This single question determines whether FinCEN reporting will be required.
Inquire About Financing
Confirm whether the deal is all-cash or using private, hard money, or seller financing. “All cash” does not automatically mean “no bank.” Any non-traditional lending still triggers reporting.
Pre-Closing Preparation
If the deal is a reportable transfer, advise the buyer immediately that APT will be sending a FinCEN Information Request through fincenrealestatereport.com. Prompt completion prevents delays.
Set Privacy Expectations
Inform high-net-worth clients and those using trusts for privacy that their beneficial ownership information will be reported to a federal database — not public, but mandatory.
Consult Legal or Tax Counsel
Encourage buyers with complex entity structures — multi-layered LLCs, foreign entities, revocable trusts — to consult with their legal or tax counsel before closing.
Notify Both Sides
Alert both sellers and buyers if the transaction meets all three reportable criteria. Sellers bear closing risk if a buyer refuses to comply. Early communication protects all parties.
Frequently Asked Questions
Does this rule apply if I use a hard money or private lender?
Is there a minimum purchase price that triggers the rule?
Will my information be available to the public or the seller?
What if no one owns 25% or more of the entity?
What does the APT reporting service cost?
Can APT waive or delay the reporting requirement?
Downloads
Downloadable Resources
Share these official APT flyers with your clients and colleagues to help set expectations early.
Information Notice — Required FinCEN Real Estate Report
Consumer-facing notice explaining the reporting process and what to expect.
Industry Update — New FinCEN Reporting Requirements
Detailed flyer covering key provisions and action items for real estate agents.
Advisor Alert — New FinCEN Reporting Rules
Advisor-focused summary covering buyer and seller impact and how to protect your closing.
Have Questions? We’re Here to Help.
Arizona Premier Title is committed to guiding you through these new requirements with clarity, security, and efficiency. Reach out to our team for personalized assistance.
Contact Arizona Premier Title
letschat@azpremiertitle.com | azpremiertitle.com