Posts in Real Estate Transactions
Court Vacates FinCEN’s Residential Real Estate Reporting Rule

In Merrily We Roll Along, placing the orchestra above the stage brings the source of the music into full view. FinCEN’s Real Estate Reporting Rule, which recently was vacated by a Florida federal court, had a goal of moving hidden participants in real estate transactions into view when property is acquired through an entity or trust in a transfer not financed with using a traditional mortgage. The orchestra in Merrily voluntarily placed itself in full view, but FinCEN didn’t make reporting optional – it forced parties with legitimate reasons for establishing limited liability companies and trusts to report their ownership. Since the Florida decision likely will be appealed, parties that use entities to require real estate in transactions not financed by traditional mortgages should be aware that privacy is not guaranteed in the future.

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Boilerplate: Behind the Scenes, but Critical to Success

A 16-member team at Deutsche Oper Berlin isn't onstage, but they’re not entirely behind the scenes either. Concertgoers see them briefly, depend on them completely, and then usually stop thinking about them, as if they are invisible. Read our article to learn about the opera house's team and how it's similar to boilerplate provisions in contracts. People pay little attention to them -- until there's a problem.

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Many Residential Real Estate Purchases Must Be Reported to FinCEN under New Rule

Effective December 1, 2025, FinCEN is expanding anti-money laundering reporting beyond a few “high-risk” markets to all entities purchasing residential real estate without financing from a bank or certain institutional mortgage lenders.

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Remote Online Notarization – The New Norm?

Before the coronavirus pandemic, only a handful of states allowed remote online notarization. Now, most states allow remote notaries.

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