The real estate landscape is constantly evolving. It’s essential for professionals and consumers alike to stay informed about regulatory changes. A notable development is the Financial Crimes Enforcement Network (FinCEN) Final Rule. Set to go into effect on December 1st, 2025, the rule requires certain parties involved in real estate closings and settlements to submit reports and keep records on transfers of residential real property.

Simple Steps for Real Estate Professionals

Real estate professionals must take proactive steps to ensure that they are in compliance with these new requirements.

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Step 1: Understand the Rule

Have an understanding of the new rule and its impact on future closings.
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Step 2: Effective Communication to Clients

Carefully explain the impact of these requirements to buyers / sellers so they know what to expect.
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Step 3: Implement Customer Due Diligence

Assist with collecting and verifying information from the parties involved.
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Step 4: Maintain Records

Keep copies of all transactions and certifications.

Simple Steps for Buyers and Sellers

With the FinCEN New Rule, buyers and sellers need to be aware of potential changes in the documentation and information they are required to provide. The steps for both are similar, yet different.

 

Buyers

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Step 1: Identify Beneficial Owners

You must include all beneficiaries of the purchase. Anyone who will own at least 25% of the purchase will need to be reported.
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Step 2: Provide Information

You must provide accurate and clear information about yourself. You may be asked by the seller to clarify your information, and you must answer.
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Step 3: Retain Documents

Keep copies of ownership certificates.

Sellers

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Step 1: Identify Legal Entity

Sellers need to provide clear information about their legal identity.
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Step 2: Identify Beneficial Owners

Sellers need to identify their trustees and beneficiaries.
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Step 3: Provide Information

Sellers need to provide information about themselves and the property being transferred.

Metropolitan Title is Here For YOU!

Metropolitan Title is committed to supporting Indiana’s real estate community through the implementation of the new FinCEN rule. Our team stands ready to assist real estate professionals, buyers, or sellers and we are happy to answer any questions you may have. We can provide guidance and resources regarding compliance measures to make sure you stay out of legal trouble.

From clarifying documentation requirements to speeding up the closing process, Metropolitan Title is dedicated to equipping the Indiana real estate community with the knowledge and tools necessary. Let us help you navigate the evolving regulatory landscape with confidence and ease. If you are in need of direction, check out our services or contact us today!

Check Out Our easy to follow buying and selling process infographic. Click Here