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

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

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

In today’s security-conscious environment, real estate deals aren’t just between buyers and sellers — they’re being watched, analyzed, and sometimes flagged by federal agencies. And while the average home transaction flies under the radar, certain combinations of factors can put your deal squarely in the government’s crosshairs.

This post outlines the most common red flags that trigger federal interest — not because you’ve done something wrong, but because your transaction fits a high-risk profile.

All-Cash Purchases Over Federal Thresholds

All-cash deals aren’t inherently suspicious — but they circumvent the checks that come with traditional financing. That’s why they’re monitored more closely, especially in certain cities.

Triggers Scrutiny When:

  • Purchase occurs in a FinCEN Geographic Targeting Order (GTO) region (like Boston, Miami, NYC, etc.)
  • Buyer uses an entity (LLC, trust, partnership) rather than a personal name
  • No mortgage or lender involvement, making the source of funds opaque

Check if your city is on FinCEN’s GTO watchlist

Foreign Buyers Purchasing Near Sensitive Locations

If you’re selling land or property near a military base, seaport, or energy facility, and your buyer is a foreign national or foreign-controlled company, your deal may come under review.

Triggers Scrutiny When:

  • Buyer is from a geopolitically sensitive country (e.g., China, Russia, Iran)
  • Property is within 100 miles of a designated sensitive site
  • Transaction lacks full ownership transparency

Learn how CFIUS flags foreign real estate transactions

Use of Shell Companies or Anonymous Trusts

The U.S. government is increasingly focused on beneficial ownership transparency — knowing who is actually behind the deal.

Triggers Scrutiny When:

  • The entity used is registered in a secrecy jurisdiction (Delaware, Cayman Islands, etc.)
  • There is no clear beneficial owner disclosed at closing
  • Documents reference multiple layers of ownership

See how the Corporate Transparency Act impacts real estate deals

Unusual Transaction Patterns or Repeated Flipping

Agencies like the IRS and FBI monitor the real estate market for signs of fraudulent investment behavior or tax evasion schemes.

Triggers Scrutiny When:

  • Property is bought and resold quickly at an inflated price
  • There’s a series of transactions between related parties
  • Funds move between multiple accounts or buyers during closing

FBI tips on recognizing property flipping fraud

Wire Transfers from High-Risk Countries or Banks

Closings often involve multiple wire transfers — but not all financial institutions are treated equally. Some are flagged for lax compliance standards or sanctions risks.

Triggers Scrutiny When:

  • Funds are transferred from offshore accounts with unclear sourcing
  • Transfers pass through non-U.S. banks flagged by the Treasury Department
  • The transfer amount and origin don’t match the buyer’s stated income or citizenship

Check OFAC’s sanctions lists (used by Homeland Security and Treasury)

How to Avoid Red Flags — Without Wrecking Your Deal

You don’t need to avoid cash, trusts, or foreign buyers altogether — but you do need to approach them with transparency and legal oversight.

Here’s how to protect your closing:

  • Use a qualified closing attorney who knows what will raise compliance concerns
  • Disclose beneficial ownership if you’re buying through a business or trust
  • Avoid unusual structuring (like passing ownership through a friend or nominee)
  • Keep clean documentation for funds, identity, and intent

Smart Deals Don’t Get Flagged — They Get Cleared

At The Law Office of David R. Rocheford, Jr., P.C., we know how to structure your closing so that it passes every test — legal, financial, and federal. Whether you’re selling to a foreign buyer or buying with cash, we keep your transaction clean and compliant.

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

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

Recent News

New Hampshire’s 2025 Housing Market: A Seller’s Perspective

New Hampshire’s 2025 Housing Market: A Seller’s Perspective

New Hampshire's 2025 Housing Market: A Seller's Perspective

Sellers, take note: the 2025 New Hampshire housing market is leaning in your favor. Here’s how to make the most of it.

If you’re selling a home in New Hampshire, congratulations—you’re in the driver’s seat. The 2025 market has seen home values climb past $500,000 in many areas, with inventory tighter than a parking spot in downtown Portsmouth. According to recent reports from Zillow and Norada Real Estate Investments, limited housing stock and sustained buyer interest are giving sellers the upper hand (source).

That said, a hot market doesn’t mean an easy sale. Pricing still matters. Overestimating value can slow buyer interest and delay closings. Work with a trusted Realtor® and closing attorney to streamline the deal—and make sure your paperwork and title work are ready to go. Nothing cools momentum like an unexpected lien or missing payoff statement.

With strong demand and smart preparation, sellers can maximize value and minimize hassle in today’s competitive New Hampshire market.

Works Cited

“Housing Market Trends to Watch in 2025.” Roche Realty Group, https://rocherealty.com/housing-market-trends-to-watch-in-2025/. Accessed 19 May 2025.

“New Hampshire Real Estate Market: What to Expect in 2025?” Houzeo, https://www.houzeo.com/blog/new-hampshire-real-estate-market/. Accessed 19 May 2025.Houzeo

“New Hampshire Housing Market: 2025 Home Prices & Trends.” Zillow, https://www.zillow.com/home-values/39/nh/. Accessed 19 May 2025.Zillow+1Zillow+1

“New Hampshire Housing Market Prices and Forecast 2025–2026.” Norada Real Estate Investments, https://www.noradarealestate.com/blog/new-hampshire-housing-market/. Accessed 19 May 2025.Norada Real Estate+1Norada Real Estate+1

“Residential Real Estate Trends for 2025.” NH Business Review, https://www.nhbr.com/residential-real-estate-trends-for-2025/. Accessed 19 May 2025.NH Business Review

“New Hampshire Real Estate Trends: Market Is Hot for 2025.” WMUR, https://www.wmur.com/article/new-hampshire-real-estate-housing-market-2025/63175977. Accessed 19 May 2025.WMUR

“New Hampshire Ranks #5 in the Hottest Real Estate Markets of 2025.” Laconia Daily Sun, https://www.laconiadailysun.com/news/state/new-hampshire-ranks-9-in-the-hottest-real-estate-markets-of-2024/article_0e219b6e-df07-513b-822e-c584d2f9003c.html. Accessed 19 May 2025.The Laconia Daily Sun

“New Hampshire Housing Market Forecast for Late 2024 and 2025.” Verani Realty, https://lisetremblay.verani.com/blog/760/New%2BHampshire%2BHousing%2BMarket%2BForecast%2BFor%2BLate%2B2024%2BAnd%2B2025. Accessed 19 May 2025.lisetremblay.verani.com

“Listings Continue to Trend Downward in New Hampshire Housing Market.” NH Business Review, https://www.nhbr.com/listings-continue-to-trend-downward-in-new-hampshire-housing-market/. Accessed 19 May 2025.NH Business Review+1NH Business Review+1

“Expert Forecasts for the 2025 Housing Market.” NH Realty Gals, https://www.nhrealtygals.com/blog/expert-forecasts-for-the-2025-housing-market/. Accessed 19 May 2025.nhrealtygals.com

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

Understanding Transfer Taxes (Tax Stamps) in Massachusetts

Understanding Transfer Taxes (Tax Stamps) in Massachusetts

Understanding Transfer Taxes (Tax Stamps) in Massachusetts

Massachusetts home sale paperwork including transfer tax terms and contract clauses.

When it comes to selling real estate in Massachusetts, one fee tends to catch sellers off guard: transfer taxes, also known as real estate tax stamps. At The Law Office of David R. Rocheford, Jr., P.C., we get a lot of questions about these costs — and we’re here to make sure you (and your clients) understand what to expect.

Who Pays the Transfer Tax in Massachusetts?

In nearly all cases, the seller is responsible for paying the transfer tax. However, during the negotiation process, the parties can agree to split the fee — or shift it entirely to the buyer. Like most things in real estate: it’s all negotiable.

How Much Is It? 

The current transfer tax rate is $2.28 per $500 of the property’s sale price — that’s $4.56 per $1,000. This fee is paid to the state by purchasing tax stamps from the Registry of Deeds when the new deed is recorded.

Example: On a $500,000 home sale, the transfer tax would be $2,280.

You can review current rates and exemptions on the Massachusetts Department of Revenue website.

Massachusetts home sale paperwork including transfer tax terms and contract clauses.

Is It Deductible? 

Not exactly — transfer taxes are not tax-deductible on your income tax return. However, they do get added to the cost basis of the property, which may reduce your capital gains tax when the property is sold in the future.

Who’s Exempt? 

Some nonprofit organizations and federal agencies are exempt. Veterans Affairs (VA) and HUD transactions, for example, often qualify for exemption — but always confirm with the Registry and your closing attorney.

Additional Notes: 

  • The tax applies to any sale over $100.
  • The tax is separate from municipal excise taxes or local fees (if applicable).
  • The stamps are literally affixed to the deed — old school, but legally required.
Massachusetts home sale paperwork including transfer tax terms and contract clauses.

Small details. Big difference.

Whether you’re buying or selling, understanding transfer taxes is a small detail that can make a big difference at the closing table. We help our clients plan ahead and avoid last-minute surprises every step of the way.

REFERENCES

Contact

(255) 352-6258

1234 Divi St. #1000, San Francisco, CA 94220

Copyright © 2025 Divi. All Rights Reserved.

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

Contact

(255) 352-6258

1234 Divi St. #1000, San Francisco, CA 94220

Copyright © 2025 Divi. All Rights Reserved.

How to Prevent Delays at the Closing Table: Lessons from Recent MA & NH Transactions

How to Prevent Delays at the Closing Table: Lessons from Recent MA & NH Transactions

How to Prevent Delays at the Closing Table:

Lessons from Recent MA & NH Transactions

Closings should be the fun part — popping champagne, handing over keys, and celebrating the finish line. But anyone in real estate or lending knows that even the smoothest transaction can hit a snag at the eleventh hour. From unsigned documents to overlooked municipal requirements, the final stages of a home loan closing in Massachusetts and New Hampshire can turn from celebration to chaos quickly.

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Here are some common culprits behind last-minute delays and what loan processors, Realtors®, and mortgage teams can do to keep things on track.

Smoke Certificates & Local Requirements (Massachusetts Specific)

In Massachusetts, sellers are responsible for obtaining a smoke and carbon monoxide detector certificate from the local fire department before closing. But fire departments don’t always have next-day appointments — and some towns have inspection backlogs.

Solution: Schedule inspections early in the process. Share this state smoke alarm compliance guide with sellers and keep your transaction timeline padded.

Title Surprises

A missing mortgage discharge or a surprise lien can halt everything. These issues are especially common with older properties, estate sales, or refinances. Even unpaid water bills in NH can delay closings.

Solution: Have the title attorney conduct a thorough title search early, and follow up on payoff letters or missing discharges well before the closing date.

Funds Not Cleared or Missing Documentation 

Sometimes buyers assume that a wire transfer or certified check guarantees immediate access. Not always. Banks may hold large deposits, and underwriters may require additional documentation — right at the finish line.

Solution: Prep buyers on timelines for cleared funds and triple-check lender requirements ahead of the final week.

“Surprise” Repairs or Walkthrough Issues 

If a final walkthrough reveals an incomplete repair or unexpected damage, it can cause stress and even stall the closing.

Solution: Set a walkthrough 24–48 hours before closing, not the morning of. This allows time to resolve any issues or negotiate credits.

Missing People 

Closings can’t happen without the right people — including sellers, buyers, and notaries. In the age of remote work and travel, someone’s vacation can mean a reschedule.

Solution: Confirm everyone’s availability well in advance and plan for powers of attorney or remote notarization when allowed (and legal — more on that in a future blog!).

Real Estate Closings Done Right — Every Time.

At The Law Office of David R. Rocheford, Jr., P.C., we’ve seen nearly everything that can go wrong at a closing. And more importantly — we know how to make it go right.

REFERENCES

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

2025 Real Estate Trends: What Buyers and Sellers Need to Know in Massachusetts and New Hampshire

2025 Real Estate Trends: What Buyers and Sellers Need to Know in Massachusetts and New Hampshire

2025 Real Estate Trends

WHAT BUYERS AND SELLERS NEED TO KNOW IN MASSACHUSETTS AND NEW HAMPSHIRE

The real estate market is always shifting, and 2025 is shaping up to be no different. Whether you’re buying your first home or selling your fifth, staying informed on emerging trends can help you make smarter decisions. Here’s what to watch for in Massachusetts and New Hampshire this year:

AI in Real Estate: Smarter Searches, Faster Decisions

Artificial intelligence isn’t just for sci-fi movies anymore. In 2025, AI-powered tools are taking center stage in real estate. Automated property valuations, predictive analytics, and smart contract systems are helping both buyers and sellers make better-informed decisions.

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Check out Zillow’s AI-powered Zestimate tool for automated property valuations.

Remote Closings and Digital Notarization: Convenience at Your Fingertips

Gone are the days of scrambling to find a babysitter or leaving work early to sign documents in person. With digital notarization and remote closings gaining popularity, finalizing a real estate transaction can often be done from the comfort of your couch.

Note: Remote closings are determined by state and local allowances, please defer to your Closing Attorney for any questions regarding the closing process and options.

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Learn more about secure e-closings with Notarize.com.

Eco-Friendly Features in Demand

Today’s buyers are increasingly prioritizing sustainable living. Homes with solar panels, energy-efficient windows, and improved insulation are becoming top contenders. In New England’s chilly winters, these upgrades can mean real savings (and warmer toes).

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Explore energy-saving home upgrades at Energy Star’s Home Improvement Resources.

Market Shifts in Coastal Areas

With rising insurance costs and climate risks, coastal properties in Massachusetts and New Hampshire may see shifts in demand. Buyers are becoming more cautious, and sellers are exploring ways to make their properties more resilient.

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 See how FEMA’s Flood Map Service Center helps homeowners assess flood risks.

Tips for Navigating a Competitive Market

If you’re buying in 2025, expect some competition. Here’s how to stand out:

  • Get pre-approved for your mortgage to show sellers you’re serious.
  • You can choose a trusted closing attorney to work with ensuring your paperwork is airtight.
  • Don’t skip the home inspection, even in a bidding war—it’s your best defense against post-closing surprises.

For sellers: Highlight energy-efficient upgrades, emphasize flexible spaces like home offices, and work with an experienced real estate attorney to ensure a smooth closing process.

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Discover mortgage pre-approval tips from Rocket Mortgage.

Stay Ahead of the Curve

The 2025 real estate landscape may feel unpredictable, but with the right guidance, you can confidently navigate the market. Whether you’re buying or selling in Massachusetts or New Hampshire, The Law Office of David R. Rocheford, Jr. P.C. is here to help ensure your closing process goes smoothly.

Ready to take control of your closing experience? Contact us today to learn more about your rights and how we can help you through the process.

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

From Our Clients

“I would highly recommend David as a closing attorney. I have known David and have been using his office for many years. David’s professionalism when dealing with me, my closing department and most especially my clients has been always exemplary.”
DAVID BREMER

SENIOR LOAN OFFICER, SHAMROCK FINANCIAL SERVICES

“The Law Office of Attorney David R. Rocheford, Jr. is by far the most exceptional real estate law office that I have had the pleasure of working with. The professionalism is by far second to none.”
JACQUI KEOGH

SENIOR LOAN OFFICER, SALEM FIVE MORTGAGE SERVICES

“Attorney David Rocheford has provided settlement and title services for me and Greenpark Mortgage several years. He has assisted all of my clients, including my family and friends with mortgage closings. Always providing excellent service. Reliable and trustworthy!”
SANDRA MALDONADO

Recent News