New FinCEN Reporting Requirements for Real Estate Transactions: What Pennsylvania Buyers and Sellers Need to Know

Background: Why FinCEN Is Targeting Real Estate

Real estate has long been identified by federal regulators as a vehicle for money laundering. Unlike bank transactions, real estate purchases, particularly all-cash deals, historically required little transparency about who the true buyer was. A shell LLC could purchase property without any public disclosure of the individuals who actually owned or controlled it.

FinCEN addressed this in two phases. First, it issued Geographic Targeting Orders (GTOs) requiring title insurance companies to identify the beneficial owners behind certain high-value cash purchases in specific markets. Now, FinCEN has expanded reporting requirements through a finalized rule that applies more broadly to non-financed residential real estate transactions nationwide.

What the New Rule Requires

Under FinCEN's residential real estate rule, certain professionals involved in real estate closings, including attorneys acting as settlement agents, title companies, and closing agents, are required to collect and report information about transactions that meet the rule's criteria. The reporting obligation is designed to identify the natural persons who are the true beneficial owners behind entity purchasers.

Key elements of the rule include:

The rule applies to transfers of residential real property to legal entities and trusts where the purchase is not financed through a regulated financial institution. Cash purchases and seller-financed transactions are the primary focus. Transactions involving individual purchasers buying in their own names with conventional financing are generally outside the rule's scope.

The reporting obligation falls on a "cascade" of professionals, if an attorney is acting as settlement agent, the obligation may fall on them. Title insurance companies and their agents are also covered. The covered professional must file a Real Estate Report with FinCEN identifying the beneficial owners of the purchasing entity.

What This Means for Western Pennsylvania Transactions

For most conventional residential transactions in Westmoreland County, Allegheny County, and surrounding areas, where a buyer obtains a mortgage and purchases in their individual name, the new rule adds little friction to your closing. These transactions fall outside the primary scope of the reporting requirement.

However, if you are:

• Purchasing investment property through an LLC or other entity
• Completing an all-cash purchase through a trust or business entity
• Acting as a real estate investor using entity structures for multiple properties
• Involved in a seller-financed transaction to an entity

...then the new reporting requirements will affect your transaction. Your settlement agent will need to collect beneficial ownership information, meaning the names, addresses, dates of birth, and identification documents of the individuals who ultimately own or control the purchasing entity.

The Corporate Transparency Act Connection

The FinCEN real estate rule was developed alongside the Corporate Transparency Act (CTA), which was intended to require most small businesses, including real estate holding LLCs, to file beneficial ownership information with FinCEN's database.

Important update: In March 2025, FinCEN announced it would not enforce CTA beneficial ownership reporting requirements against U.S. citizens and domestic reporting companies, and issued an interim final rule narrowing CTA applicability to foreign reporting companies only. This is a significant change from the original CTA framework.

If you formed an LLC to hold real estate, the CTA filing landscape has shifted substantially. Consult with your attorney to understand your current obligations, as the regulatory environment continues to evolve.

Practical Steps for Buyers Using Entity Structures

If you are purchasing real estate through an LLC, trust, or other entity, the most important thing you can do is work with an experienced settlement attorney early in the process. Have your entity documents organized and be prepared to identify the beneficial owners of your entity before closing. Last-minute disclosure issues can delay settlement.

At Ament Law Group, we handle real estate settlements throughout Western Pennsylvania and can guide you through the disclosure process as part of your closing. If you have questions about how these requirements apply to your specific transaction, contact us before you get to the closing table.

March 2026 Update: Federal Court Vacates the Rule

On March 19, 2026, just 18 days after the rule took effect, the U.S. District Court for the Eastern District of Texas struck it down entirely. In Flowers Title Companies, LLC v. Bessent, Judge Jeremy D. Kernodle held that FinCEN exceeded its authority under the Bank Secrecy Act because the statute only authorizes reporting of suspicious transactions, not blanket reporting of all non-financed transfers simply because some bad actors have used them.

The court's language was pointed: FinCEN's justification for treating all covered transactions as reportable was "vague, conclusory, and unpersuasive." The ruling applies nationwide, not just in Texas.

What this means right now:

FinCEN has confirmed on its website that reporting persons are not required to file real estate reports and face no liability for failing to do so while the court's order remains in effect. The Geographic Targeting Orders that previously covered certain high-value markets have also expired and have not been reinstated.

What to watch for:

An appeal is widely expected. A separate federal court in Florida reached the opposite conclusion in a similar challenge brought by Fidelity National Financial, upholding the rule in February 2026. The conflicting rulings make this an active and developing area of law. If the government appeals and obtains a stay, reporting obligations could be reinstated with little notice.

Our recommendation: If you are a real estate investor, landlord, or buyer using entity structures, keep your beneficial ownership documentation organized and your entity compliance current. Even without an active FinCEN reporting obligation, proper entity maintenance protects you in other ways, from liability exposure to tax audits to title insurance requirements. And if this rule or something like it comes back, you will be ready.

This article is for general informational purposes only and does not constitute legal advice. FinCEN's rules are subject to regulatory updates and ongoing litigation. Consult a licensed Pennsylvania attorney for guidance specific to your transaction. Last updated March 29, 2026.

Related resources:

• Business Law Services
• PA Business Law Changes: Annual Reports & CTA
• Business Formation Services
• Real Estate Settlement Services
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About the Author

John W. Ament, Esq.

John W. Ament is a partner and co-founder of Ament Law Group, P.C. in Murrysville, PA.