Real Estate Reporting Rule Exemption Checker
Do I need to file a real estate report?
Check for FinCEN Transaction Reporting Exemptions
Complete the following to check if you will need to file a FinCEN Real Estate Report for your transaction.
- RER Exemption Checker -
Is the Property Residential?
Applies to all 50 states, DC, Puerto Rico, U.S. territories, and tribal lands.
Does the property fall into any of these categories?
Who Is Buying the Property?
Select the type of buyer (or transferee for no-cost deeds) receiving the real estate:
How Is the Buyer Paying?
When buyers or transferees have lenders with AML programs involved in the transaction, no report is required because that lender's AML program already reports ownership details to the government. Select an option below to see if a lender exemption qualifies.
Exemptions
Do ANY of these other exemptions apply to your transaction:
- Transfer is due to a death (will, trust, inheritance) ⓘA transfer resulting from the death of an individual, whether pursuant to the terms of a will, the terms of a trust, the operation of law (such as transfers resulting from intestate succession, surviving joint owners, and transfer-on-death deeds), or by contractual provision (such as transfers resulting from beneficiary designations). These transfers are exempt from reporting.
- Divorce/dissolution settlement ⓘA transfer incident to divorce or dissolution of a marriage or civil union (such as transfers required by a divorce settlement agreement) is exempt from reporting.
- No-cost transfer to seller's or spouse's own trust ⓘA transfer for no consideration made by an individual, either alone or with their spouse, to a trust of which that individual, that individual's spouse, or both, are the settlors or grantors. These transfers are exempt from reporting.
- Transfer to bankruptcy estate ⓘTransfer of property to a bankruptcy estate as part of bankruptcy proceedings. These transfers are exempt from reporting.
- Court-ordered or supervised transfer ⓘAny transfer ordered by or supervised by a U.S. court, including probate, guardianship, or other judicial proceeding is exempt from reporting.
- Easement (no property transfer) ⓘA transfer that is a grant, transfer, or revocation of an easement is exempt. Exemption does not include transfer of the underlying property.
- 1031 exchange to Qualified Intermediary ⓘA transfer to a qualified intermediary for the purposes of a like-kind exchange for purposes of Section 1031 of the Internal Revenue Code is exempt.
- Buyer is exempt regulated entity or its subsidiary (hover for list) ⓘ Includes any of these:
1) Securities reporting issuer (public company);
2) Bank;
3) Credit union;
4) Depository institution holding company;
5) Money services business;
6) Broker or dealer in securities;
7) Securities exchange or clearing agency;
8) Other Exchange Act registered entity;
9) Insurance company;
10) State-licensed insurance producer;
11) Commodity Exchange Act registered entity;
12) Public utility;
13) Financial market utility;
14) Registered investment company;
15) Subsidiary of any of the above. - Buyer is government authority ⓘBuyer is any federal, state, local, tribal, or foreign government entity or agency.
- Trust is a securities reporting issuer or has a public company trustee ⓘExempt if the trust itself is a securities reporting issuer, or if any trustee is a securities reporting issuer. A subsidiary of such a trust is also exempt.
- No reporting person involved in transfer (hover for list)ⓘExempt from reporting if none of the following parties are involved in assisting the transfer:
1) Closing or settlement agent named on the closing or settlement statement;
2) Preparer of the closing or settlement statement;
3) Person who files with the recordation office the deed or other transfer instrument;
4) Underwriter of the owner's title insurance policy;
5) Person who disburses the greatest amount of funds for the transfer;
6) Person who evaluates the status of title;
7) Preparer of the deed or, if no deed, the instrument that transfers ownership (for co-op shares, the stock certificate preparer).
Filing Needed
You need to file a report with FinCEN.
Want to offload filings to our experts?
- ✓ Only billed later for closed transactions
- ✓ 100% FinCEN filing guarantee
- ✓ Expert support with 150,000 filings complete
- ✓ Many customers pass through costs to closing
- ✓ Order reports in a minute plus full tracking
Filing Not Needed
You do not need to file a report with FinCEN.
Want to offload filings to our experts?
- ✓ Only billed later for closed transactions
- ✓ 100% FinCEN filing guarantee
- ✓ Expert support with 150,000 filings complete
- ✓ Many customers pass through costs to closing
- ✓ Order reports in a minute plus full tracking
Lender AML Lookup and Certification Forms
Use these tools to check whether your lender has AML and SAR obligations under the Bank Secrecy Act. If the lender is covered by AML/KYC requirements, the loan will exempt the transaction from FinCEN real estate reporting because that lender is already reporting. Start with the lookup that matches your lender type below, and use the certification forms when you need a signed record for your closing file.
- Lender AML Lookup -
Is Your Lender AML/SAR Covered?
If the lender has an AML program and files SARs, the loan may make the transaction exempt from FinCEN real estate reporting. Pick the lookup that matches your lender type.
Banks & Savings Institutions
Confirms: FDIC-insured institution with AML/SAR obligations. These institutions always have AML/SAR programs. There is no need to look this up for major banks.
Credit Unions
Confirms: Federally insured credit union with AML/SAR obligations. These institutions always have AML/SAR programs. There is no need to look this up for major credit unions.
Mortgage Lenders & Brokers
Confirms: State-licensed mortgage lender/originator — generally AML/SAR covered since 2012
✓ Mortgage Lender / Mortgage Company
✓ Mortgage Broker
✓ Mortgage Banker
✓ Residential Mortgage Lender
✓ Mortgage Loan Originator (company)
✓ Supervised Lender
These are all classified as "residential mortgage lenders and originators" — a subset of "loan or finance company" under the Bank Secrecy Act (31 C.F.R. § 1029). State license names vary, but any company licensed to originate residential mortgages is generally covered.
Categories like "consumer finance," "debt collector," or "money transmitter" may have different obligations — verify separately.
Hard Money, Private & Seller Financing
No government lookup available. These lenders may or may not have AML/SAR obligations.
Lender AML Program and SAR Obligation Certification
This one-page form lets a lender certify it is required to maintain an AML program and file Suspicious Activity Reports (SARs), which helps settlement agents determine whether the transaction qualifies as a “financed transfer” under FinCEN’s real estate reporting rule. The lender signs to confirm the certification is accurate and provides a compliance contact for any follow-up.
Hard Money Lender Wire Source Account Certification
This one-page form lets a hard money lender share the exact bank and fund source account information used to send loan wires, so the settlement agent can complete FinCEN Real Estate Report payment fields when a filing is required. The lender signs to confirm the information is accurate and understands the settlement agent may rely on it for FinCEN compliance to cover liability concerns.
No-Build Certification Form
This form is signed by the buyer to confirm they do not intend to build a home on the vacant land being purchased. Settlement agents use it to determine whether a FinCEN report is required for the transaction. Have the buyer sign it before closing and keep it in your file.
FinCEN reporting
Done for You.
FincenRealEstateReport.com files with FinCEN for you in 3 Easy Steps. Pay only after closing with some plans and recover costs during settlement in many states.
Order reports in 1 minute with a simple & secure tracking portal.
Start a report online with only a few data points and we’ll gather the rest. Integrations with leading software providers and OCR options automate order creation.
We gather info & confirm FinCEN filing ready before your closing.
Our U.S. team reaches out to buyers and sellers with secure links, answers regulatory questions, and guides customers through an easy 5 minute online submission. 150K completed to date.
We file for you after closing. Pay only if your transaction closes.
We manage reminders and validate data. Receive daily email digests of all file statuses, or log in to review any record. We file, and you are billed only for completed, closed filings. All filings insured.
Video Demos
Watch how we reduce your report time from 3 hours to 2 minutes. Place an order with a quick form or an AI tool and we do the rest.
More than collection and submission. See a FinCEN process proven across 150,000 completed FinCEN BOIR reports.
Watch how buyers and sellers move through an easy, stress-free process designed to minimize questions and closing delays.
Pricing
NO UPFRONT PAYMENT
OPTION A
Pay After Filing
Sign up free. Only billed after closing when the report is filed. No fees for deals that fall through.
Only pay per report
Per Closing – $189 per report
BEST REPORT PRICE
OPTION B
Prepaid Report Credits
Prepay to reduce your per-report price. Credits used for closed transactions. Credits last 1 year.
Example bundles
50 Credits – $150 per report
100 Credits – $120 per report
What exemptions exist for the RRE Rule?
Real Estate Reporting Rule Exemptions
- The buyer is an LLC, corporation, trust, or other legal entity (not an individual)
- The purchase is made without a traditional bank loan (such as purchases made in cash, crypto, seller financing, private loans, hard-money loans, etc.)
- The property is 1-4-family residential real estate located anywhere in the United States
- Death of an individual, including a transfer made under a will or trust
- Divorce or dissolution of a marriage or civil union
- Transfer to a bankruptcy estate
- Court-ordered transfer or a transfer supervised by a court
- Securities reporting issuer (31 CFR 1010.380(c)(2)(i))
- Governmental authority (31 CFR 1010.380(c)(2)(ii))
- Bank (31 CFR 1010.380(c)(2)(iii))
- Credit union (31 CFR 1010.380(c)(2)(iv))
- Depository institution holding company (31 CFR 1010.380(c)(2)(v))
- Money service business (31 CFR 1010.380(c)(2)(vi))
- Broker or dealer in securities (31 CFR 1010.380(c)(2)(vii))
- Securities exchange or clearing agency (31 CFR 1010.380(c)(2)(viii))
- Exchange Act registered entity (31 CFR 1010.380(c)(2)(ix))
- Insurance company (31 CFR 1010.380(c)(2)(xii))
- State-licensed insurance producer (31 CFR 1010.380(c)(2)(xiii))
- Commodity Exchange Act registered entity (31 CFR 1010.380(c)(2)(xiv))
- Public utility (31 CFR 1010.380(c)(2)(xvi))
- Financial market utility (31 CFR 1010.380(c)(2)(xvii))
- Investment company (15 U.S.C. 80a-3(a))
- A trust that is a securities reporting issuer (31 CFR 1010.380(c)(2)(i))
- A trust whose trustee is a securities reporting issuer (31 CFR 1010.380(c)(2)(i))
- A statutory trust created or authorized under the Uniform Statutory Trust Entity Act (or as enacted by a State) because these are reported as an entity instead.
- An estate-planning trust where (1) the transfer is for no consideration and (2) the transferor/seller (and/or their spouse) is also the settlor or grantor of the trust
Be Ready for FinCEN in 45 Minutes
FinCEN Masterclass Webinar Video
Prepare your team in 45 minutes to confidently handle the FinCEN Real Estate Report through a focused webinar masterclass covering required workflows, best practices, and free implementation resources.