Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 NOVEMBER 2024

FinCEN Issues Final Rule Requiring AML Reporting For Real Estate Sector

McDermott Will & Schulte
Explore more from McDermott Will & Schulte

On Aug. 29, 2024, the Financial Crimes Enforcement Network ("FinCEN"), a bureau of the United States Department of the Treasury, issued a final rule ("Final Rule")...

United StatesReal Estate and Construction
Betty Santangelo
Betty Santangelo
Melissa G.R. Goldstein
Melissa G.R. Goldstein
Julian M. Wise
Julian M. Wise
Kyle B. Hendrix
Kyle B. Hendrix
Gordon W. VanWieren III
Gordon W. VanWieren III
Author LinkedIn connections

On Aug. 29, 2024, the Financial Crimes Enforcement Network ("FinCEN"), a bureau of the United States Department of the Treasury, issued a final rule ("Final Rule")1 extending anti-money laundering ("AML") requirements to persons involved in real estate closings and settlements. The Final Rule requires certain persons involved in residential real estate closings and settlements to electronically submit reports to FinCEN ("Real Estate Reports") and maintain records of certain non-financed transfers of US residential real property. The Real Estate Report must include, among other things, information concerning the property and identifying information on the entity or trust transferring the property and its beneficial owners, the transferor, and the person filing the Real Estate Report ("Reporting Person"). The Final Rule takes effect and the reporting obligations commence on Dec. 1, 2025.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

More For The Missing-Middle: SB 1116 Expands Starter Home Revitalization Act (SB 684/1123)

California's Starter Home Revitalization Act receives significant enhancements through Senate Bill 1116, expanding site eligibility criteria, limiting local zoning restrictions, and invalidating certain private deed covenants to accelerate small-lot residential subdivisions. The legislation introduces streamlined 60-day ministerial approvals while establishing new rules for lot size averaging, height restrictions, and concurrent permit processing that fundamentally reshape the pathway for starter home devel
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Residential Vacancy Tax Preempted By State Law

A California Court of Appeal has invalidated San Francisco's Empty Homes Tax, ruling that the Ellis Act—which protects property owners' right to exit the rental market—also shields them from being forced to enter it through vacancy taxation. This landmark decision raises critical questions about the viability of similar residential vacancy taxes that other California municipalities have enacted or are considering as housing policy tools.
United StatesReal Estate and Construction
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

New York City Rent Freeze Faces Legal Challenge As Court Considers Landlords’ Claims

Landlords of rent stabilized buildings in New York City have filed a lawsuit challenging the rent freeze passed by the Rent Guidelines Board, questioning the Board's independence and data integrity. With operating costs rising 31% over five years while the Board voted 7-1 for a freeze affecting 1 million apartments, the case raises critical questions about the balance between tenant protection and landlord viability.
United StatesReal Estate and Construction
Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
Article

Understanding And Addressing Mechanic’s Liens On California Projects

Mechanic's liens pose significant challenges for property owners and developers in California construction projects, even when they have fulfilled their payment obligations. Understanding the strict procedural requirements, timing deadlines, and available remedies can help owners protect their projects from improper claims and efficiently resolve legitimate liens when they arise.
United StatesReal Estate and Construction
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

Colorado’s New Mechanic’s Lien Law: Bigger Claims, Stronger Protections, And New Risks For Owners And Contractors

On April 6, 2026, the same day that the Colorado Supreme Court issued its decision in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, Governor Jared Polis signed Senate Bill 26-074 into law. The legislation, which took effect on August 12, 2026, clarifies the amounts that may be included in mechanic’s liens and public construction payment claims, as well as the circumstances under which those claims may be considered excessive.
United StatesReal Estate and Construction
Higgins, Hopkins, McLain & Roswell, LLC
Higgins, Hopkins, McLain & Roswell, LLC
Article

Texas Business Court Addresses Notice Requirements For Foreclosure Sales

The Texas Business Court examined whether foreclosure notices delivered via email and UPS next-day service satisfied contractual deed of trust provisions and Texas Property Code requirements that specified certified mail. The court also addressed whether notice sent to a designated agent constituted proper notice to the borrower when the borrower's name was omitted from the address line.
United StatesReal Estate and Construction
Greenberg Traurig
Greenberg Traurig