January 29, 2026

APPLIES TO: Advocus Agents Using Qualia

EFFECTIVE DATE: March 1, 2026

FinCEN Real Estate Reporting Decision Guide


Transactions closing on or after March 1, 2026, are subject to the new Residential Real Estate Rule (RRE Rule or Rule) per the Financial Crimes Enforcement Network (FinCEN).


The settlement agent listed on the Settlement Statement is first in the FinCEN reporting cascade. If that is your office, you are responsible for reporting applicable transactions to FinCEN.  

 

Severe fines and criminal penalties may apply for non-reported transactions. Detailed information on which transactions are required to be reported, and the penalties for not reporting, can be found in Advocus Overview: FinCEN Final Residential Real Estate Rule (Form 4272).


The RRE Rule concerns reporting of non-financed residential real estate transfers to combat and deter money laundering. The Rule requires, on a nationwide basis, certain persons involved in real estate closings and settlements to report information to FinCEN about specified transfers of residential real estate that are a high risk for illicit finance.

Determining if Transactions Qualify for Mandatory Reporting

This illustration will help determine if your transaction is eligible for mandatory reporting. Please note that this depiction does not encompass the entire Rule.

Step 1: Residential Real Property

  • 1–4 family homes, townhouses, condos, co-ops, mixed-use
  • Includes unimproved land intended for such structures
  • Applies nationwide (states, D.C., territories, Native lands)
  • Check contract, tax data, buyer’s intent


Step 2: Transferee Entity or Trust

  • Corporations, LLCs, partnerships, trusts
  • Reporting applies even if an individual shares title


Step 3: Non-Financed Transfer

  • All-cash or private/seller financing
  • Excludes loans from AML-compliant financial institutions
  • Verify lender type and AML obligations


Step 4: Exempt Transfers

  • Death/divorce, easements, bankruptcy estate
  • Gifts to own trust, highly regulated entities (utilities, SEC companies)


Qualia Tools for FinCEN Reporting


This brief guide will outline tools for FinCEN compliance that are available in Qualia.


Order Tracking – A FinCEN Reportable toggle has been added to each order to allow marking of transactions that are subject to the rule.


FinCEN Reportable Flagging – You can configure Smart Actions (Buyer is Organization / Organization Type) to automatically add a task to the workflow prompting a manual review and mark the FinCEN Reportable toggle accordingly.


FinCEN Smart Action Group – You can configure Smart Actions (Order is FinCEN Reportable) to automatically add FinCEN compliance tasks to your workflow and automate sending of the information request (when available).


Information Collection – Qualia is developing FinCEN Info Requests to help you securely and efficiently gather the required reporting information from buyers and sellers.


Submission Status Tracking – Qualia has created a new report in the Admin section that will list all orders your team has toggled as FinCEN Reportable, along with due dates and submission status.


Report Submission – Qualia plans to provide a more integrated report submission process, for XML and batch uploads directly to the BSA e-filing website, when that becomes possible.


FinCEN-reportable Command – Qualia Clear can check your designation of whether a file meets the reporting requirements. A dedicated command in Qualia Clear will help you audit which open orders may be reportable to FinCEN.


Audit Flagged Orders using Custom Reports – You can use reports to track orders where the buyer is an org, cash-only, or tasks related to FinCEN to audit all files to determine if they meet the requirements for the FinCEN Real Estate Report.

Advocus Resources


For additional information and forms, check the Advocus FinCEN webpage, specifically these links:



As always, we appreciate your business and welcome your questions and feedback. If you have any questions about using Qualia's resources for FinCEN reporting, please contact underwriting attorney Nathan Smith.


Founded in 1964, Advocus National Title Insurance Company 

(formerly Attorneys’ Title Guaranty Fund, Inc. or ATG) and

Advocus University provide real estate and related services for attorney agents and their clients. Learn more at advocus.com

or contact us: 800.252.0402.

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