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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

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Is Big Brother Watching Your Home Sale? What Buyers and Sellers Should Know About Federal Oversight

Is Big Brother Watching Your Home Sale? What Buyers and Sellers Should Know About Federal Oversight

Is Big Brother Watching Your Home Sale?

What Buyers and Sellers Should Know About Federal Oversight

From anti-money laundering orders to foreign land purchase scrutiny, here’s how U.S. agencies monitor real estate transactions — and when it matters to you.

If you’re buying or selling a home, you might assume it’s a personal, private transaction — just you, your agent, and the closing attorney. But in certain cases, federal agencies like FinCEN, Homeland Security, and even the FBI are quietly watching the real estate market.

This isn’t a reason to panic, but it is worth understanding. Here’s how — and why — the government may be involved in your next transaction:

Anti-Money Laundering: FinCEN’s Role in Real Estate

The U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) monitors real estate deals in specific high-risk areas to crack down on money laundering through all-cash home purchases.

  • These regulations apply in select cities through Geographic Targeting Orders (GTOs).
  • They require title companies to report the beneficial ownership of entities buying real estate in cash over certain thresholds.
  • As of 2024, targeted areas include New York, Miami, San Diego, Los Angeles, San Francisco, and Boston.

Read more on FinCEN’s official Geographic Targeting Orders

CFIUS and Foreign Buyers: National Security Meets Real Estate

The Committee on Foreign Investment in the United States (CFIUS) has expanded its oversight to include foreign real estate purchases near sensitive sites, like military bases and ports.

  • Under the Foreign Investment Risk Review Modernization Act (FIRRMA), CFIUS can now review real estate deals — even when no company is being acquired.
  • In 2023, the Air Force raised national security concerns after a Chinese firm purchased land near a base in North Dakota.

Learn how CFIUS reviews real estate deals under FIRRMA

Read CNBC’s coverage of the North Dakota land controversy

Immigration Status & Mortgage Oversight

Mortgage lenders are required to verify a borrower’s identity and legal status — and that can intersect with immigration records. While not a direct Homeland Security audit, your file could draw attention if:

  • False immigration documents are used
  • Fraud is suspected on the loan application
  • You’re applying for a government-backed loan, like FHA or VA

See FHA loan requirements for non-citizens

FBI & IRS Involvement: When Real Estate Becomes a Red Flag

The FBI and IRS-Criminal Investigations (CI) monitor patterns that may suggest:

  • Title fraud or forged documents
  • “Straw buyer” schemes where someone falsely claims to be the primary buyer
  • Real estate used to hide unreported income or launder money

These agencies don’t monitor every deal, but they do act when something doesn’t add up.

Review the FBI’s real estate fraud alerts

What This Means for You

Most buyers and sellers won’t hear from a federal agency during a transaction — but in today’s security-conscious landscape, transparency and legal compliance matter more than ever.

  • Selling to a foreign investor? Disclose clearly and understand CFIUS boundaries.
  • Buying in cash with a trust or LLC? Expect extra scrutiny in some cities.
  • Applying for a mortgage? Make sure your documentation is accurate and legal.

As always, work with a reputable closing attorney and disclose honestly — it’s the best way to keep your deal (and your name) off anyone’s watchlist.

Want to Make Sure Your Deal Is Air-Tight?

Whether you’re buying or selling, we help you cover every angle — from contract review to full closing services. At The Law Office of David R. Rocheford, Jr., P.C., we work to keep your transaction compliant, smooth, and secure from start to finish.

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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

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

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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

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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...

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How To Clean A Smelly Front-Loading Washing Machine

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In today’s Leominster homes, front-loading washing machines are a popular choices as compared to traditional, top-loading machines for 3 main reasons:

  1. They wash more clothes per cycle, lowering household energy costs
  2. They’re environmentally-friendly, using less water per cycle
  3. They’re gentler on clothes, preserving colors and fabrics longer

They also require more care in the “cleaning” department.

Because of the way most front-loading washers are built, they tend to pool water in their drums, which can be a breeding ground bacteria and mildew.

Whether your front-loading washer smells “dirty” or not, you’ll want to follow proper procedures to keep it clean.

First, only use High Efficiency detergent. High Efficiency detergent is super-concentrated and creates fewer suds than traditional laundry detergent. Fewer suds means more soap is drained in the rinse cycle, leaving fewer chemicals and fragrances to sit in the drum. (more…)

Understanding Title Insurance

Understanding Title Insurance

With all of the recent talk of improper foreclosures having taken place, and the issues with bank owned real estate title problems, the question of the need for title insurance has been a hot topic. I have always stressed the importance of purchasing an owner’s policy of title insurance. Regardless of who is selling the property, how long it has been in the family or how familiar you or the seller may be with the property you just never know (more…)

Buying an REO Property v. Foreclosure Auction Property

Buying an REO Property v. Foreclosure Auction Property

I have had a few clients ask me recently about the difference between buying a property at a foreclosure auction and buying a property owned by a bank (REO/Real Estate Owned).

A property purchased at a foreclosure auction or foreclosure sale is purchased through a bidding process by individuals at the auction. The property is sold to the highest bidder. If the foreclosing lender is not satisfied with the amount of the bids they may also bid on the property to raise the selling price. In the end the lender often ends up as the highest bidder and takes ownership of the property. Property that is acquired by the lender in this process is called REO property or Real Estate Owned property. The lender will in turn, eventually, place this property on the market with a Realtor for resale to the public. (more…)

Declaration of Homestead in Massachusetts

Declaration of Homestead in Massachusetts

A Declaration of Homestead is a type of protection for a person’s primary residence. The Declaration of Homestead is a form that is filed at the Registry of Deeds in the county where the property is located, referencing the title/deed to the property. It allows homeowners in Massachusetts to protect their property up to five hundred thousand dollars ($500,000) of the value from civil attachment.

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