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Buyers Beware: How New Federal Monitoring Rules Affect Your Mortgage, Deposits, and Closing Docs

Buyers Beware: How New Federal Monitoring Rules Affect Your Mortgage, Deposits, and Closing Docs

Buyers Beware:

How New Federal Monitoring Rules Affect Your Mortgage, Deposits, and Closing Docs

If you’re planning to buy a home in the next year, you need to see the bigger picture. It’s not just about finding the right property and securing a mortgage anymore. Regulatory forces are tightening—and your transaction may face unexpected documentation, delays or compliance reviews.

What’s changing for buyers

The Financial Crimes Enforcement Network (FinCEN) has expanded its oversight of residential real-estate transfers and is zeroing in on non-financed sales to legal entities and trusts.

While the final rule is postponed until March 1, 2026, transactions this winter and spring often already incorporate pre-compliance checks—and the existing Geographic Targeting Orders (GTOs) remain active across many states.

That means every buyer should prepare—not just sellers.

What buyers should watch

  • Are you buying via an entity (LLC, corporation, trust) rather than as an individual? If yes: higher risk of reporting and additional scrutiny.
  • Are you making large deposits, paying all-cash or avoiding a traditional bank mortgage? The “non-financed” transfers are central to the rule.
  • Your closing attorney/title company may ask for beneficial-ownership info (names, DOBs, addresses) of all owners with 25%+ interest or “substantial control.”
  • Even if you’re financing with a mortgage, if your lender is non-bank or the financing is non-traditional you may still fall under “non-financed” domain.

Practical steps for buyers

  • Before you make an offer: ask your agent if the transaction involves an entity, trust, or all-cash deal that might trigger the new rule.
  • If you are using an entity or trust: gather beneficial-ownership data early (names, addresses, tax IDs, control interests) so your closing pro isn’t scrambling.
  • If you’re using cash or private lending: understand the financing source may cause different closing workflow and timing.
  • Coordinate closely with your title/escrow/closing attorney: they may become the “reporting person” responsible for FinCEN compliance.
  • Allow extra time. Because transactions triggering the rule may require additional documentation or review, buyers should budget for possible delay—and possibly higher closing costs or escrow hold-backs.

Bottom line for buyers

If you’re buying in the next 6–12 months, don’t assume the past closing checklist covers you. Ask bigger questions, gather more data, and pick closing professionals who are up to speed on the rule. Being proactive now gives you control over timing and cost—and avoids being reactive when the rule lands.

Looking Ahead

Staying Ready in an Uncertain Market

Whether you’re buying, selling, or refinancing, an experienced attorney helps safeguard your transaction. From rate-lock coordination to closing documentation, The Law Office of David R. Rocheford, Jr., P.C. ensures your real estate deal stays on track — no matter what direction the market moves next.

family looking at a house with a for sale sign in the window

SOURCES

  1. Fact sheet from FinCEN on the rule overview. https://www.fincen.gov/system/files/shared/RREFactSheet.pdf?utm_source=chatgpt.com
  2. Delay of effective date until March 1, 2026. https://www.hklaw.com/en/insights/publications/2025/10/fincen-delays-residential-real-estate-transfer-reporting-rule?utm_source=chatgpt.com
  3. Title/closing professional obligations. https://www.buchalter.com/insights/new-fincen-rule-on-transparency-reporting-in-residential-real-estate-closings/?utm_source=chatgpt.com

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

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Is Your Transaction a Red Flag? What Triggers Extra Federal Scrutiny in 2025 Real Estate

Is Your Transaction a Red Flag? What Triggers Extra Federal Scrutiny in 2025 Real Estate

Is Your Transaction a Red Flag?

What Triggers Extra Federal Scrutiny in 2025 Real Estate

In the changing world of real-estate compliance, you don’t have to do anything intentionally wrong to trigger extra federal scrutiny. Many everyday transaction features are becoming “red flags” in the eyes of the Financial Crimes Enforcement Network (FinCEN) and closing professionals adapting to the new rule. If you’re involved in a sale or purchase, one or more of these triggers may apply—and if ignored, you risk delay, cost, or worse.

Common red-flags to watch

Entity or trust as buyer

If the buyer is an LLC, corporation, partnership or trust instead of an individual, the transfer may be reportable. The rule zeroes in on “transferee entity or trust” status.

Non-financed (all-cash or private financing) deal

If there’s no traditional bank mortgage subject to AML/SAR rules, the transaction qualifies as non-financed—one of the key criteria.

Vacant land or mixed-use residential property

The rule covers residential real property broadly: single-family homes, townhouses, condos, co-ops, and vacant land intended for residential use.

Seller or buyer using shell or layered ownership structures

If the chain of ownership is opaque, or if beneficial owners hold through multiple entities/trusts, that complexity itself is a risk.

Large deposits, private loans, off-book financing

Transactions where funds deposit sources are non-traditional, or where private lenders are used instead of banks with AML programs, attract attention

Jurisdictions under existing GTOs

Some metros already have heightened scrutiny under GTOs (Geographic Targeting Orders) requiring buyer identity disclosures for high risk purchases.

Why these trigger-features matter

Each red-flag correlates with a higher risk of illicit finance entering the market via real-estate. FinCEN estimates that non-financed transfers to legal entities/trusts are “higher risk for money laundering” because they avoid traditional lender oversight.

Because of this, transactions featuring one or more of the triggers above often require additional documentation, verification of beneficial owners (names, DOB, addresses, SSNs or TINs) and may even prompt reporting to federal authorities.

What you should do if your transaction has red-flags

  • Disclose early. If any of the features above apply, inform your closing team and plan for extra time and documentation.
  • Gather full ownership info. Make sure you know exactly who owns or controls every entity/trust involved, and that their details are documented.
  • Check financing structure. If you’re bypassing a typical mortgage, understand how the funds are sourced, and have proof ready.
  • Choose knowledgeable professionals. Title companies, attorneys and escrow agents with compliance awareness can guide you through the process more smoothly.
  • Monitor closings in high-scrutiny areas. If you’re in a metro under a GTO (e.g., certain CA, TX, FL counties), expect closer attention.

Key takeaway

A “quiet” sale or purchase may not feel complicated—but if it has any of the trigger-features above, it could become one of the most complicated closings you face. By spotting red-flags early and aligning with experienced professionals, you can keep your deal on track and avoid surprise compliance holds.

Looking Ahead

Staying Ready in an Uncertain Market

Whether you’re buying, selling, or refinancing, an experienced attorney helps safeguard your transaction. From rate-lock coordination to closing documentation, The Law Office of David R. Rocheford, Jr., P.C. ensures your real estate deal stays on track — no matter what direction the market moves next.

homes with for sale sign listed in front

SOURCES

  1. FinCEN fact sheet on rule and red-flag criteria. https://www.fincen.gov/system/files/shared/RREFactSheet.pdf
  2. Title/escrow guidance on non-financed transfers. https://www.oldrepublictitle.com/title-agents/fincen-reporting
  3. Article on how closing professionals must spot beneficial owners. https://www.buchalter.com/insights/new-fincen-rule-on-transparency-reporting-in-residential-real-estate-closings
  4. GTO renewal details highlighting jurisdictions of focus. https://www.fincen.gov/news/news-releases/fincen-renews-residential-real-estate-geographic-targeting-orders-0

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

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The 2025 Transparency Push: What Home Sellers Need to Know Before Listing

The 2025 Transparency Push: What Home Sellers Need to Know Before Listing

The 2025 Transparency Push

What Home Sellers Need to Know Before Listing

If you’re preparing to sell a home in late 2025, you need to know this: the federal radar is shifting. The Financial Crimes Enforcement Network (FinCEN) is set to require detailed reporting on many residential real-estate transfers before closing. While the effective date has been postponed, the changes are coming—and savvy sellers can avoid surprise delays or liability.

Why it matters

Historically, “all-cash” sales or transfers to trusts or legal entities (rather than individuals) have been hotbeds for money-laundering and illicit financing. FinCEN has been tracking these via Geographic Targeting Orders (GTOs) for certain metros.

Now the scope is broadening. The final rule requires certain “reporting persons” (title companies, closing attorneys, settlement agents) to file a Real Estate Report when a residential property is transferred without a regulated financial institution mortgage and the buyer is an entity or trust.

For sellers, that means your transaction may be subject to extra scrutiny—even if you’re not the buyer.

What sellers should watch for

  • Is the buyer an LLC, trust, corporation or other entity rather than an individual? If yes → higher risk of reporting.
  • Is the property being transferred without a traditional bank-backed mortgage (i.e., all-cash or private financing)? If yes → reporting likely.
  • Does your closing involve a title or settlement agent, or other professional who will be the “reporting person”? If so, they may request extra documentation.
  • Timing & records: The rule requires that reports be filed within the later of (a) the end of the month after closing or (b) 30 calendar days.
  • Documentation retention: The reporting person must retain certifications for five years.

Pre-listing checklist for sellers

  • Ask your listing agent or closing attorney: “Does the buyer entity trigger the new rule?”
  • Ensure you have full, transparent documentation of your own transaction (seller identity, funds of sale, chain of title) to avoid look-back issues.
  • If you’re selling via a trust or entity yourself (rather than a straightforward individual sale), expect the buyer and their professionals to ask questions. Be prepared with proper disclosures.
  • If you’re marketing to cash buyers or investors that use LLCs/trusts, be aware: this may slow closing or require extra compliance steps.

Ask your closing professional how they will handle the “reporting person” designation and timing. Clarify whether you as seller may be asked for extra info.

Why acting now matters

Even though the effective date of some elements has been delayed (see below), the preparation window is now. Title companies, attorneys and escrow professionals are updating forms, shifting workflows and training staff. Sellers who treat this as “just another closing” risk being caught off guard, facing delayed close, additional fees or last-minute hold-ups.

Key timeline note

Originally the rule was scheduled to go live December 1, 2025. However, the rule’s reporting requirements have been postponed until March 1, 2026.

Importantly: the existing GTOs remain in force and enforcement may continue in many jurisdictions.

Thus: selling in late 2025 means you’re operating in a transitional zone—don’t assume “business as usual.”

Bottom line for sellers

If you’re about to list a property, especially one being sold to an entity or trust, or being bought with all-cash, treat your closing as a compliance event. Ask the right questions early. If you anticipate transparency issues, align your team (agent, attorney, title company) now. That way you protect your timeline, reputation—and the transaction itself.

Looking Ahead

Staying Ready in an Uncertain Market

Whether you’re buying, selling, or refinancing, an experienced attorney helps safeguard your transaction. From rate-lock coordination to closing documentation, The Law Office of David R. Rocheford, Jr., P.C. ensures your real estate deal stays on track — no matter what direction the market moves next.

home with for sale sign listed in front

SOURCES

  1. FinCEN Residential Real Estate Rule fact sheet. https://www.fincen.gov/system/files/shared/RREFactSheet.pdf
  2. FinCEN delays implementation until March 2026. https://www.hklaw.com/en/insights/publications/2025/10/fincen-delays-residential-real-estate-transfer-reporting-rule
  3. Insights on real-estate closing professionals’ obligations. https://www.buchalter.com/insights/new-fincen-rule-on-transparency-reporting-in-residential-real-estate-closings
  4. Title industry overview of reporting obligations. https://www.oldrepublictitle.com/title-agents/fincen-reporting

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

Recent News

When a Home Sale Falls Through: What Massachusetts Buyers and Sellers Can (and Should) Do Next

When a Home Sale Falls Through: What Massachusetts Buyers and Sellers Can (and Should) Do Next

When a Home Sale Falls Through

What Massachusetts Buyers and Sellers Can (and Should) Do Next

In Massachusetts, even a well-planned home sale can fall apart at the last minute. Financing issues, appraisal gaps, inspection disputes, or sudden buyer’s remorse can bring a transaction to a halt — leaving both sides uncertain about their next steps.

When that happens, knowing your legal rights and obligations becomes critical. A skilled Massachusetts real estate attorney can help you protect your interests, recover deposits, and decide whether to renegotiate or walk away. Here’s what to do if your deal doesn’t close as planned.

1. Review the Purchase and Sale Agreement

The first step after a failed transaction is to review the Purchase and Sale (P&S) Agreement, which outlines the rights, contingencies, and timelines for both buyer and seller.

Most Massachusetts P&S agreements include detailed inspection, appraisal, and financing contingencies that determine whether a deposit is refundable. The Massachusetts Association of Realtors explains that these contingencies act as legal “escape hatches” if specific conditions aren’t met before closing (MAR, 2025).

Attorney’s Insight:

Your attorney can interpret the contract’s fine print and identify whether you’re entitled to a refund or release. Acting quickly helps prevent misunderstandings that could escalate into legal disputes or escrow delays.

2. Handling Deposit (Escrow) Disputes

In most Massachusetts home sales, the buyer deposits earnest money — typically held in an attorney’s escrow account — to show good faith. If the deal collapses, both parties must sign a mutual release authorizing return or forfeiture of those funds.

Without a signed release, the deposit often remains frozen until both sides reach agreement or a court intervenes. The Massachusetts Division of Banks outlines how escrow funds are protected under state trust-account regulations (Mass.gov, 2024).

Attorney’s Insight:

An experienced real estate attorney acts as a neutral fiduciary, ensuring deposits are managed according to Massachusetts law. If one party refuses to sign a release, your attorney can issue a demand letter or pursue mediation before litigation becomes necessary.

3. Inspection Failures and the New Law

Massachusetts’ new home inspection law, effective October 2025, introduced clearer buyer rights and stricter scheduling standards. Under the updated rules, buyers must complete inspections within a defined timeline — and sellers must allow reasonable access or risk violating the agreement.

As detailed in our earlier post, “What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law”, these reforms help reduce last-minute cancellations and ambiguous repair disputes.

Attorney’s Insight:

If an inspection uncovers defects, your attorney can guide you through renegotiation — for example, by drafting an amendment for seller repairs or a price adjustment — or help you properly withdraw without losing your deposit.

4. Benefiting From the New Home Inspection Law

Even after inspections pass, deals can fail when the appraised value comes in below the agreed purchase price. Lenders rarely approve financing that exceeds appraisal value, leaving buyers to cover the gap or renegotiate.

According to Bankrate, appraisal shortfalls are one of the top reasons sales collapse nationwide.

Attorney’s Insight:

Your attorney can prepare an addendum for price renegotiation or an extension allowing time to resolve lender concerns. If financing ultimately falls through, counsel ensures proper documentation is filed so the transaction terminates cleanly.

5. Next Steps: Renegotiate, Release, or Pursue Legal Action

After reviewing all contingencies, your attorney may recommend one of three paths:

  • Renegotiate: Adjust price, closing date, or repair terms to salvage the deal.
  • Mutual Release: End the contract amicably, with a clear escrow disposition.
  • Legal Remedy: If one party breached the contract, a demand letter or small-claims action may be appropriate.

The Massachusetts Trial Court Law Libraries provide guidance on breach-of-contract claims involving real estate transactions (Mass.gov, 2024).

Attorney’s Insight:

The key is acting quickly and documenting every communication. Your attorney ensures all notices and releases are executed properly to protect you from liability.

Closing Thoughts

Turn a Setback Into a Strategy

A failed home sale can feel like a setback, but it doesn’t have to become a legal nightmare. With the right representation, you can recover deposits, avoid costly disputes, and position yourself for the next opportunity.

The Law Office of David R. Rocheford, Jr., P.C. helps buyers and sellers across Massachusetts and New Hampshire navigate escrow disputes, renegotiations, and closing delays with confidence and clarity.

stressed man sitting at a table with paperwork

SOURCES

Bankrate. (2025, July). What happens if a house appraises low? Retrieved from https://www.bankrate.com/

Massachusetts Association of Realtors (MAR). (2025). Standard purchase and sale agreement guidelines. Retrieved from https://www.marealtor.com/

Massachusetts Division of Banks. (2024). Escrow and trust-account regulations for attorneys and brokers. Retrieved from https://www.mass.gov/orgs/division-of-banks

Massachusetts Trial Court Law Libraries. (2024). Real-estate contract disputes and remedies. Retrieved from https://www.mass.gov/orgs/trial-court-law-libraries

The Law Office of David R. Rocheford, Jr., P.C. (2025, September). What buyers & sellers in MA should expect under the new home inspection law. Retrieved from https://www.thebestclosings.com/2025/09/what-buyers-sellers-in-ma-should-expect-under-the-new-home-inspection-law/

 

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

Recent News

Why Fall Is the Smartest Season to Close on a Home in Massachusetts

Why Fall Is the Smartest Season to Close on a Home in Massachusetts

Why Fall Is the Smartest Season to Close on a Home in Massachusetts

Spring may get all the attention, but savvy homebuyers know that fall can be one of the best times to close on a home in Massachusetts.

With motivated sellers, fewer bidding wars, and faster access to closing professionals, the fall market offers a window of opportunity for buyers who value efficiency and value over hype.

As the state adjusts to new home inspection laws taking effect in late 2025, buyers who act this fall may benefit from smoother negotiations and more predictable timelines. Here’s why — and how working with an experienced Massachusetts real estate attorney can make your fall closing even smarter.

1. Lower Competition and Motivated Sellers

By the time October arrives, many families have already completed their summer moves. That leaves fewer active buyers in the market — and sellers who are often more flexible. According to The Warren Group, Massachusetts home sales typically dip in the fall, creating more room for negotiation.

Attorney’s Insight:

Motivated sellers mean stronger leverage for buyers when negotiating inspection repairs, credits, or closing timelines. An attorney can help you structure your purchase and sale agreement to take advantage of this seasonal balance — ensuring contingencies and deadlines work in your favor.

2. Faster Closings and Easier Scheduling

Real estate attorneys, lenders, and title companies experience a significant slowdown in the fall compared to the hectic spring and summer markets. That can translate to faster title searches, shorter underwriting queues, and quicker closings overall.

Data from the National Association of Realtors (NAR) confirms that transaction volumes tend to drop in the final quarter, easing pressure on closing professionals.

Attorney’s Insight:

During peak seasons, scheduling conflicts can delay closing by days or even weeks. Fall closings often move faster because attorneys and lenders can prioritize files more efficiently — meaning you can settle in before the holiday season begins.

3. Year-End Financial Incentives

For sellers (and even some buyers), closing before December 31 can have tax advantages. Sellers may be eager to complete transactions before the new year to manage capital gains or property tax considerations.

According to Forbes, late-year transactions often result in more favorable pricing as sellers become motivated to finalize deals before year-end.

Attorney’s Insight:

An attorney can help align your closing date and escrow transfer to meet financial or tax-related goals. They’ll also ensure you receive all applicable adjustments for prepaid taxes or municipal assessments at the closing table.

4. Benefiting From the New Home Inspection Law

The new Massachusetts home inspection law, effective October 2025, gives buyers clearer rights and timelines for scheduling inspections — helping to prevent last-minute delays. For fall buyers, this means entering the market just as professionals have adapted to the new standards.

As outlined in our recent blog, “What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law”, the updated rules also help streamline disclosure processes, which can reduce disputes before closing.

Attorney’s Insight:

With new legal requirements in play, having an experienced attorney review your inspection contingency ensures compliance while protecting your right to withdraw or negotiate repairs if issues arise.

5. Avoiding the Year-End Closing Rush

Many buyers wait until December to finalize their purchase — right when lenders, attorneys, and municipal offices begin their holiday slowdowns. Starting the process in fall helps you avoid year-end bottlenecks, ensuring your documents are processed and recorded before office closures.

Attorney’s Insight:

Your attorney coordinates directly with title examiners, registries of deeds, and municipal departments to keep your transaction moving. Closing early means avoiding seasonal logjams and ensuring a smoother transition into the new year.

Closing Thoughts: Timing is everything

Fall in Massachusetts isn’t just beautiful — it’s strategic. With less competition, faster turnarounds, and motivated sellers, this season rewards well-prepared buyers. Pair that with the recent inspection law changes, and you’ve got a strong case for making your move before winter.

The Law Office of David R. Rocheford, Jr., P.C. helps Massachusetts and New Hampshire buyers close with confidence. From reviewing purchase contracts to coordinating title and escrow, our team ensures your transaction stays protected — and on schedule — no matter the season

Massachusetts home in the fall season

SOURCES

Forbes. (2025, August). Best time to buy a house: When to buy for the biggest savings. Retrieved from https://www.forbes.com/advisor/mortgages/best-time-to-buy-a-house/

National Association of Realtors (NAR). (2024, December). How seasonality impacts the housing market. Retrieved from https://www.nar.realtor/

The Warren Group. (2025, September). Massachusetts home sales drop again in August 2025. Retrieved from https://www.thewarrengroup.com/massachusetts-home-sales-drop-again-august-2025/

The Law Office of David R. Rocheford, Jr., P.C. (2025, September). What buyers & sellers in MA should expect under the new home inspection law. Retrieved from https://www.thebestclosings.com/2025/09/what-buyers-sellers-in-ma-should-expect-under-the-new-home-inspection-law/

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

Recent News

What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law

What Buyers & Sellers in MA Should Expect Under the New Home Inspection Law

What Buyers & Sellers in MA Should Expect

Under the New Home Inspection Law

Starting October 15, 2025, Massachusetts buyers and sellers will need to adjust to a major shift in how home inspections are handled. Under 760 CMR 74.00: Residential Home Inspection Waivers, part of the Affordable Homes Act, buyers can no longer be pressured into waiving inspection rights — and sellers must provide a written disclosure affirming those rights.

This change is designed to level the playing field in competitive markets, but it will also affect negotiation strategies and closing timelines. Here’s what both sides should know.

For Buyers: Expanded Rights and Protections

  • Guaranteed Inspection Option
    Every buyer now has the right to hire a licensed home inspector and a reasonable time to complete the inspection. Waivers can no longer be required or even suggested.
  • Negotiating After Inspection
    If the inspection reveals defects, buyers maintain the right to renegotiate, request repairs or credits, or walk away according to the terms of their purchase and sale agreement.
  • Reduced Pressure in Hot Markets
    In past years, many buyers waived inspections just to compete with cash-heavy or fast-moving offers. This law ensures buyers won’t have to sacrifice due diligence for speed.

For Sellers: New Disclosure Obligations

Some buyers may still try to waive inspections voluntarily to appear competitive. Sellers and their agents need to know:

  • Such provisions should be flagged and removed to comply with the law.
  • Attorneys should review offers carefully and strike any prohibited terms.
  • Accepting an offer that includes a waiver could expose the seller and agent to claims under Chapter 93A, Massachusetts’ consumer protection law.

Final Word

For buyers, the new inspection law provides peace of mind and protection from making high-stakes decisions without adequate information. For sellers, it adds a layer of compliance and documentation but also creates a more transparent, balanced market.

The key for both sides is preparation: buyers should budget for inspections and know how to use results in negotiations, while sellers must update disclosures and scrub old contract language. With proper guidance from agents and attorneys, these changes don’t have to slow down a sale — they can simply make it safer.

home inspector

SOURCES

Massachusetts Executive Office of Housing and Livable Communities. (2025). Residential home inspection waivers: 760 CMR 74.00. Mass.gov. https://www.mass.gov/info-details/residential-home-inspections

Massachusetts General Laws ch. 93A (2025). Regulation of business practices for consumer protection. Massachusetts Legislature. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A

Commonwealth of Massachusetts. (2024). Affordable Homes Act: Summary and implementation updates. Mass.gov. https://www.mass.gov/news/affordable-homes-act

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

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