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Federal Eyes on Real Estate: A 4-Part Insider’s Guide for Buyers and Sellers

Federal Eyes on Real Estate: A 4-Part Insider’s Guide for Buyers and Sellers

Federal Eyes on Real Estate:

A 4-Part Insider’s Guide for Buyers and Sellers

We are pulling back the curtain on how — and why — federal agencies like FinCEN, the FBI, Homeland Security, IRS-Criminal Investigations (IRS-CI), and CFIUS monitor real estate transactions in the U.S.

Whether you’re buying with cash, investing from abroad, transferring property to a family member, or just trying to close without a headache, you’ll want to know what can trigger federal scrutiny — and how to stay off the radar.

From flagged wire transfers and shell companies to gift-of-equity sales and land near military zones, this isn’t your average title-and-keys situation.

It’s real estate with a side of national security, tax enforcement, and financial crime prevention.

4-Part Series

PART 1

Is Big Brother Watching Your Home Sale?

fbi office

What Buyers and Sellers Should Know About Federal Oversight

You’re Not Paranoid — They Might Actually Be Watching
What you didn’t know on how federal agencies keep tabs on select real estate transactions.

PART 2

Your Closing Packet Could Be a Federal File

homeland security paperwork

How Your Paper Trail Might Raise Red Flags — And What You Can Do About It

What the FBI, IRS, and Homeland Security
Could See in Your Closing Docs
We’re unpacking what agencies might spot inside your deal’s fine print.

PART 3

Caught in the Crosshairs? What Triggers Federal Interest in Your Home Sale

cross hairs

The Top Red Flags That Could Invite a Closer Look from Washington

Cash, LLCs, or Land Near a Base? You Might Just Be a Target
The warning signs that put your deal on the government’s radar — and how to stay clear.

PART 4

Follow the Money: How the IRS Tracks Financial Crimes Through Real Estate

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From Unreported Income to Shell Game Schemes
— What IRS-CI Is Looking For

Your Closing Could Be an Audit Trigger — Here’s How the IRS Sees It
Explore the patterns, documents, and loopholes that turn ordinary deals into criminal cases.

Providing title, escrow, closing and settlement services to clients throughout Massachusetts and New Hampshire

From Our Clients

“As a realtor, the Rocheford team went above and beyond to make sure my client was not only protected from a legal standpoint but also operated in a timely manner to execute the sale of my client’s dream home.

Thank you for the great experience for myself and my client! Looking forward to our next deal together!”

Viktor Ryan

Realtor®

“I don’t usually use attorneys that often. But if an attorney is needed, I couldn’t recommend this law office enough. I always pride myself on responding quickly to emails and calls, but I was in awe of how fast paralegal Robert Heckman would respond to us. We sold our house a couple months ago and then did a two-part land swap with neighbors and my folks, and both transactions were seamless, including coming in to sign paperwork.

In short, if you need a law office that is responsive and attentive to detail, definitely consider them!”

John P.

Leominster, MA

“Excellent, conscientious and professional.

The communication throughout our Real Estate transaction was better than expected. We thought the fee to be very reasonable considering the work accomplished on our behalf. The law office handled the entire closing without us having to be in attendance….as we requested. I have had experience with very competent lawyers and law firms as the result of my previous profession. I would place this law office right up there among the best in their real estate field of expertise and surprisingly at very reasonable and affordable rates/fees.”

Tom M.

Buzzards Bay, MA

Recent News

Should You Hire Your Lender’s Closing Attorney in MA & NH?

Should You Hire Your Lender’s Closing Attorney in MA & NH?

When you’re buying a home, there’s no shortage of decisions to make—fixed or adjustable rate? Move-in ready or fixer-upper? But here’s one question you might not have considered: Should you use the attorney your lender recommends for your closing? In Massachusetts and...

5 Hidden Title Defects That Can Delay Your MA or NH Home Closing

5 Hidden Title Defects That Can Delay Your MA or NH Home Closing

You’ve found your dream home in Massachusetts or New Hampshire. The offer is in, the inspection went smoothly, and closing day is in sight. But then—bam!—a title defect surfaces, and suddenly your seamless transaction feels more like a nightmare. At The Law Office of...

How Does the Big Beautiful Bill Affect Home Buying in MA and NH?

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Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts

Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts

Won’t You Be My Neighbor? ADUs Now Permitted by Right in Massachusetts

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Accessory Dwelling Units (ADUs) — small, independent living spaces on the same property as a main home — just got a big green light in Massachusetts. Thanks to the Healey-Driscoll Administration’s “Affordable Homes Act,” homeowners can now build or convert ADUs by right in many communities, making it easier to add housing and income flexibility.

If you’re a Realtor®, lender, or homeowner, here’s what you need to know to make sense of the new rules — and how they impact your property or transactions.

What’s an ADU?

An ADU is a secondary living unit with its own sleeping, eating, cooking, and bathroom facilities. Think: a converted garage, a backyard cottage, or a finished basement with a separate entrance.

New Rules (Effective 2024):

The updated state law allows ADUs:

  • As detached structures
  • As additions to existing homes
  • As conversions of garages, attics, or basements

To qualify, the ADU must be:

  • Less than half the size of the primary residence or under 900 square feet
  • Located in a single-family zoning district
  • Code-compliant with a separate entrance
duplex housing in the city

Key Protections for Homeowners 

The new law, under MGL Chapter 40A, Section 3, overrides local zoning if the ADU meets minimum state standards:

  • Cities cannot ban single ADUs
  • Owner occupancy is not required
  • ADUs can be rented for long-term housing
  • Only one extra parking spot can be required

Local Nuances Still Apply: 

Municipalities can:

  • Ban short-term rentals (Airbnb, etc.)
  • Restrict ADUs in flood zones or historic districts
  • Require compliance with Title V septic and environmental regulations
Basement Apartment Housing

Zoning Still Matters

Each of Massachusetts’ 351 towns has its own zoning quirks. While ADUs are protected, local rules may shape your options. Thinking of building one? Start by calling your local planning board.

At The Law Office of David R. Rocheford, Jr., P.C., we help clients navigate land use, permitting, and local regulations with confidence. Whether you’re buying, building, or advising, we’re here to help.

REFERENCES

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Can A Homeowner’s Association Charge Different Fines For The Same Violation?

Can A Homeowner's Association Charge Different Fines For The Same Violation?Living in a multifamily community, whether this is an apartment building or a condo building, comes with certain bylaws. There are usually fines that are used to prevent people from breaking the rules.It is important for everyone to know what these rules are, why they need to be followed, and the penalties for breaking them.

Sometimes, homeowners are surprised when they realize they might be fined differently for breaking the same rule. There are a few points to keep in mind.

The Fines Should Be The Same

While there might be different fines charged for breaking different rules (for example, altering a common area might be different than parking lot damage), the fines should be the same for the same infraction across different homeowners. For example, two homeowners who are both guilty of damaging the mailroom should be fined the same amount. They should not be fined different amounts. There are usually fines that are clearly stated in the HOA bylaws how much someone might be fined. If two people are fined different amounts, then a grievance should be taken up.

Why The Fines Might Be Different

There is one situation where two homeowners who break the same rule might be fined different amounts. This comes in the form of sequential violations. For example, a homeowner who breaks a rule the first time might be fined $10 for the first infraction. Then, the second infraction might jump to $25. The third infraction might jump to $50, and so on. This is one situation where two homeowners who break the same rule might be fined two different amounts.

Read The Bylaws Carefully

If a situation such as this arises, it is important for homeowners to look at the bylaws and see what the fines are supposed to be. All fines should be clearly stated in the bylaws to help homeowners figure out how, why, and where they might be fined.

If there are any fines that seem confusing, then the homeowners should take this up with the HOA and ask for clarification, which the HOA should provide. There might be a reason why the fines might be different. It could also be an honest mistake.