BACKGROUND:
This is a new, federal law effective March 1, 2026. We admit it's crazy and hate it as much as you do. But it's up to a $250,000 fine if closing attorneys do not demand that you fill this form out. It is not optional.
If the Buyer is an LLC or entity that is 'cash' or using a lender that doesn't have anti-money laundering protocol (hard money lender, credit unions, parents/family), this form becomes mandatory and cannot be avoided unless you change the purchase to purchase in your personal name. You could later quitclaim to a trust as part of 'estate planning' which is an exemption from this form but transferring to an LLC would again trigger this form.
Your closing has been determined to be a type of closing where this information is required by the federal government prior to closing. Up to a $250,000 fine may be levied against the lawyer doing the closing if this information is not collected in advance of closing. The government says that this law was created to stop money laundering from criminals and child trafficking, but appears that this law was
actually created to help the IRS track you and your bank accounts and income/assets.
This form requests information necessary to meet the reporting requirements. For more information about FinCEN's Real Estate Report and what transactions are covered go to alta.org/fincen. The only way to avoid this is to buy the property in your personal name or use a lender that has money laundering protocols in place (big banks like Wells Fargo)