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

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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?

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.

LEARN MORE

PART 2

Your Closing Packet Could Be a Federal File

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.

LEARN MORE

PART 3

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

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.

LEARN MORE

PART 4

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

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.

LEARN MORE

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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

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Thompson vs JPMorgan ~ New Foreclosure Issues?

May 9, 2019 | Foreclosure

By Attorney Nicholas Thalheimer.

You may have recently had a buyer experience an “insurability” issue with a foreclosed/REO property they are trying to purchase. A recent court case (Thompson v. J.P. Morgan) has put title insurance companies on edge, making them reluctant to insure title to foreclosed properties.

A brief summation regarding the recent Thompson foreclosure case in the Commonwealth. In Massachusetts a decision in a recent foreclosure case just came out that affects a vast number of foreclosed and REO properties. The basis of the case is regarding certain default notices issued in connection with a borrower’s non-payment.

This Notice has the ripple effect of rendering a foreclosure sale invalid or “uninsurable”. Basically the vast majority of mortgages in the Commonwealth have a provision that indicates that a borrower can stop a foreclosure by paying a mortgage in full “no later than five (5) days before an auction. This is usually found in section 18 or 19 in most standard mortgages. The issue with the notices that are being sent by most lenders indicate that a borrower can redeem or payoff a mortgage up and until “a foreclosure sale” as opposed to the 5 days stated in most mortgages as mentioned above.

It is this “confusion” that the courts have taken issue with and that if even a borrower had no intention of redeeming (as was the case in Thompson) that is not relevant because the notice was “misleading” and that compromises the entire process and renders the foreclosure problematic. Naturally title insurance companies are treading very lightly with this issue and they expect to be dealing with this all summer as this case is under further appeal. So for the time being whether or not a foreclosure is “good” is going to be on a case by case basis for the immediate future and a certain level of caution need be exercised when considering a foreclosure auction or a recent REO property.

If you or your buyer clients have questions about the issue, you are welcome to contact us. You can learn more on the case at Justia.com.

Pros And Cons Of Buying A Foreclosure

Apr 26, 2019 | Foreclosure

Pros And Cons Of Buying A Foreclosure When a homeowner stops making regular mortgage payments, the bank can foreclose on the property. This means that the bank takes possession of the property in an attempt to recover the debt the homeowner owes. In some cases, the bank may try to recover this debt by selling the property at auction. In other cases, the bank will simply list the foreclosed home for sale.

Choosing to purchase a foreclosed home has both advantages and disadvantages for the buyer. Weighing these advantages and disadvantages carefully is essential.

Pros Of Buying A Foreclosure

When you decide to buy a foreclosure, you will be working with a seller that is inherently more motivated. The longer the bank owns the property, the more money they lose. For this reason, banks are often more willing to negotiate on all of the terms of the sale, including the price, closing costs and other important factors.

Buying a foreclosure also ensures that you are getting a house that is already vacant, so you can move in whenever you are ready. In addition, you can be sure that the title on the home is clear.

In most cases, you will be able to finance a bank-owned foreclosure with a mortgage, and you will be able to obtain an inspection if you want one.

Cons Of Buying A Foreclosure

Buying a foreclosure also comes with disadvantages. For example, banks usually require additional paperwork when you are purchasing a foreclosed home.

In addition, most banks will refuse to complete any repairs on the home before the purchase. Most foreclosed homes are sold as-is, which means you may have to repair some problems or do some updates after you buy the home.

Finally, because the bank has only owned the home a short time, they cannot provide comprehensive disclosures related to the property’s current condition or history. This means that you may end up purchasing a home without being fully aware of the problems you’ll need to address.

Making A Choice

Buying a foreclosure isn’t the right option for every buyer. However, if you are a careful shopper, potential benefits are available.

Before making an offer on a foreclosed home, be sure to consult an experienced real estate agent. These professionals are well-versed in negotiation and can prove to be one of your most valued assets in your home-buying experience.