156 Hamilton St., Leominster, MA
         
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

""

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?

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

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

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.

""

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

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?

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

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

Bill H.245: Chapter 93 of the General Laws Amended

Bill H.245: Chapter 93 of the General Laws Amended

Bill H.245: Chapter 93 of the General Laws (Amended)

An Act protecting consumer rights in purchasing safe and habitable homes

PDF: HOUSE No. 245 Filed

Below is our summary of significant legislative development that impacts our industry. The Massachusetts General Court has introduced a bill titled “An Act protecting consumer rights in purchasing safe and habitable homes.” This bill, presented by Representative Brian M. Ashe and others, aims to enhance consumer protection by ensuring that buyers have the right to conduct home inspections when purchasing residential properties. Below, I have provided a detailed summary of the key provisions and implications of this bill for real estate professionals.

KEY POINTS

Purpose:

The bill aims to ensure that buyers have the right to home inspections when purchasing residential properties, including houses and condominiums.

Inspection Definition:

An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.

Buyer’s Rights:

  • Buyers have the right to have the property inspected within 10 days of the seller accepting their offer, unless a different period is agreed upon in writing.
  • Sellers cannot condition the acceptance of an offer on the buyer waiving their right to an inspection, except in certain cases like auctions or sales to close family members.

Offer to Purchase:

Every offer to purchase must include a clause informing the buyer of their right to an inspection and the conditions under which they can revoke the offer if significant defects are found.

Seller’s Obligations:

  • Sellers must comply with the inspection rights and cannot accept offers that waive these rights unless specific exceptions apply.
  • Violations by sellers can result in damages to the buyer and civil penalties.

Enforcement:

An inspection involves a licensed home inspector evaluating various components of the property, such as heating, cooling, plumbing, electrical systems, structural components, foundation, roof, and more.

This bill is designed to protect consumers by ensuring they have the opportunity to identify any significant issues with a property before finalizing the purchase.

Implications:

The legislation has several implications for for real estate agents, brokers and Realtors:

Disclosure and Compliance:

  • Real estate agents must ensure that all offers to purchase include the required language informing buyers of their right to a home inspection.
  • Agents must be aware of the 10-day inspection period (or longer if agreed upon) and ensure that this is communicated clearly to both buyers and sellers.

Offer Conditions:

  • Agents cannot advise or encourage sellers to condition the acceptance of an offer on the buyer waiving their right to an inspection, except in specific cases like auctions or sales to close family members.
  • They must ensure that sellers do not accept offers from buyers who indicate an intention to waive the inspection right, unless the exceptions apply.

Legal and Financial Implications:

  • If a seller violates the provisions of this bill, the real estate agent could be implicated in any resulting legal actions or penalties. This includes potential civil penalties and damages to the buyer.
  • Agents need to stay informed about the legal requirements and ensure their practices comply with the new regulations to avoid liability.

Consumer Protection:

  • The bill enhances consumer protection, which may increase buyer confidence in the real estate market. Agents can use this as a selling point to assure buyers that their rights are protected.
  • Agents should be prepared to guide buyers through the inspection process and help them understand their rights and options if significant defects are found.

Overall, real estate professionals will need to adapt their practices to ensure full compliance with the new regulations, prioritize transparency, and protect the interests of their clients. This may involve additional training and adjustments to standard operating procedures.

Statutory Offer to Purchase Language

According to the bill each offer to purchase a residential structure or residential condominium unit shall include the following language:

“Buyer is entitled under section 115 of chapter 93 of the General 33 Laws to choose to have the premises inspected at Buyer’s expense within 10 days, or longer as Seller and Buyer may agree in writing, of Seller’s acceptance of Buyer’s offer to purchase. Unless one of the exceptions in said section 115 applies, neither Seller nor Buyer may make acceptance of this offer to purchase contingent upon waiver, limitation or restriction of Buyer’s right to choose to obtain a home inspection. Should Buyer choose to have the premises inspected, if it is the inspector’s opinion that the premises contain serious structural, mechanical or other defects and if the repair of such defects would cost Buyer in the aggregate more than the amount indicated by the Buyer herein ($________), then Buyer shall have the option of revoking this offer to purchase by written notice to the Seller or Seller’s agent within 5 business days of the date of the inspection, or longer as Seller and Buyer may agree in writing. Such notice shall be accompanied by a copy of the inspector’s opinion and a copy of cost estimates obtained by Buyer.”

Understanding and complying with this new legislation is crucial for all real estate professionals. By staying informed and adapting practices, we can better serve our clients and uphold the integrity of our industry. If you have any questions or need further clarification on this bill, please do not hesitate to reach out to one of our Real Estate Attorneys.

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

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?

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

Ah, the "Big Beautiful Bill"—sounds like something out of a fairy tale, doesn't it? But this recent tax mega-bill, passed just last week, is very real and packs a punch for home buyers in high-tax havens like Massachusetts and New Hampshire. Let's break it down, shall...

Unveiling the Secrets of Successful Real Estate Investing

Unveiling the Secrets of Successful Real Estate Investing

Real estate investing has been recognized as a great opportunity for building wealth and achieving financial freedom. Achieving success in the real estate market does require a strategic approach, careful analysis, and informed decision-making.

Before diving into the world of real estate investing, it is essential to define your investment goals. Are you looking for long-term rental income, quick fix-and-flip profits, or a combination of both? Clarifying your objectives will guide your investment decisions and help you stay focused on your path to success.

Educate Yourself:

The first secret to successful real estate investing is to educate yourself thoroughly about the market, trends, and various investment strategies. Take the time to learn about different types of properties, financing options, rental laws, and local market conditions. Attend seminars, read books, follow industry experts, and join real estate investor associations to gain valuable knowledge and insights.

Set Clear Investment Goals:

Before jumping into real estate investing, it’s essential to define your investment goals. Establish a clear investment strategy, including your desired return on investment (ROI), time horizon, and risk tolerance. Setting specific goals will help you stay focused and make informed investment decisions.

Build a Reliable Network:

Building a strong network of professionals is crucial for success in real estate investing. Connect with real estate agents, brokers, property managers, contractors, and other investors. They can provide valuable advice, help you find lucrative deals, and collaborate on joint ventures. Networking also allows you to stay updated on market trends and opportunities.

Conduct Thorough Due Diligence:

Performing comprehensive due diligence is a key secret to successful real estate investing. Always research and analyze properties before making a purchase. Evaluate factors such as location, potential for appreciation, rental demand, property condition, and potential repairs or renovations required. Thorough due diligence minimizes risks and increases the chances of a profitable investment.

Diversify Your Portfolio:

Successful real estate investors understand the importance of diversification. Don’t put all your eggs in one basket. Instead, spread your investments across different property types, locations, and investment strategies.

Adapt to Market Conditions:

Real estate markets are dynamic and subject to changes. Keep a close eye on market trends, interest rates, demographic shifts, and regulatory changes. This information will help you identify emerging opportunities and make informed investment decisions.

Successful real estate investing is a combination of knowledge, strategy, and adaptability. By educating yourself, setting clear goals, building a reliable network, conducting thorough due diligence, diversifying your portfolio, leveraging financing wisely, and adapting to market conditions, you can unlock the secrets to success in the real estate investment arena. Remember, patience, perseverance, and continuous learning are essential elements on your journey to becoming a successful real estate investor.

What Is Passive Real Estate Investing?

What Is Passive Real Estate Investing?Passive real estate investing refers to an investment strategy where an individual invests in real estate assets without being actively involved in the management of those assets. In passive real estate investing, an investor typically provides funds for a real estate project, such as a rental property or commercial development, and receives a return on investment based on the performance of that project.

Passive real estate investing can take various forms, such as investing in real estate investment trusts (REITs), crowdfunding platforms, or private real estate funds. These investment vehicles allow investors to access real estate investments without the need to purchase and manage properties themselves.

Ways To Get Involved In Passive Real Estate Investing

It is important to thoroughly research and understand the risks associated with any real estate investment before committing funds. There are several ways to get involved in passive real estate investing, including:

Real Estate Investment Trusts (REITs): REITs are investment vehicles that own and manage income-generating real estate properties. Investors can buy shares in a publicly traded REIT, which typically pays dividends based on the rental income generated by its properties.

Real Estate Crowdfunding Platforms: Real estate crowdfunding platforms allow investors to pool their funds with other investors to invest in a specific real estate project. Investors can choose which projects to invest in and typically receive a return based on the project’s performance.

Private Real Estate Funds: Private real estate funds are investment funds that pool capital from multiple investors to invest in real estate properties. These funds are managed by a professional team that is responsible for identifying and managing the properties in the fund’s portfolio.

Real Estate ETFs: Exchange-traded funds (ETFs) are similar to REITs in that they invest in real estate properties, but they are traded like stocks on an exchange. Real estate ETFs provide investors with exposure to the real estate market while offering liquidity and diversification.

Rental Properties: While owning rental properties may require some level of active management, investors can hire property managers to handle day-to-day tasks such as finding tenants, collecting rent, and maintenance. Rental properties can provide investors with passive income through rental income and the potential for capital appreciation.

Passive real estate investing is often considered a way to diversify an investment portfolio and generate passive income, as real estate investments can provide regular cash flow through rental income or dividends. It is important to research and understand the risks associated with any real estate investment before investing. Consider consulting with a financial advisor to determine which type of passive real estate investment is best suited to your investment goals and risk tolerance.

What Are The Different Types Of Investment Properties You Can Purchase?

What Are The Different Types Of Investment Properties You Can Purchase? If you are looking for a way to diversify your investment portfolio, there are different options available. One option is to invest in real estate. With so many different choices, how can you select the right one for your needs? There are a few key points to keep in mind.

A Single-Family Home

One of the first options you might be considering is a single-family home. This is a versatile option that you can use to host long-term renters or vacation visitors. Single-family homes come in many shapes and sizes, but the variation can also make it a bit of a challenge. You need to think about landscape maintenance, potential repairs, and real estate taxes. Single-family homes can also be expensive, so they might require more upfront cash to purchase.

A Duplex

Another option you might want to consider is a duplex. A duplex is a house that is essentially divided into two parts. This option provides a number of advantages. You could potentially live in one side of the house and rent out the other, possible covering your mortgage, if you are comfortable living near your renters. Furthermore, living close to the renters could make it easier for you to manage the property. Because you could live in one side of the house, this option could be more affordable.

A Condo

In addition, you might be thinking about purchasing a condo as a rental property. A condo could be a nice option because you don’t have to worry about exterior maintenance. There is usually an HOA that is responsible for managing the landscape. The downside is that a condo typically comes with expensive HOA fees that could eat into your profits. Condos come in all shapes and sizes, so you should think carefully about whether this option is right for you.

Find The Right Investment Property For Your Needs

If you are thinking about purchasing a rental property, these are a few of the top options available. Each choice has its benefits and drawbacks, and you need to think carefully about which one is right for your style. If you have questions about investment properties, you should reach out to an expert who can help you.