Dear Lead ALMs, if you have not disseminated this information in your circuit, please do so as soon as possible. Feel free to add your own personal greetings. Thanks! Brenda Dear Fellow Members of the Real Property Probate & Trust Law Section who conduct Residential Real Estate Closings: In anticipation of the new FinCEN rule going into effect on March 1, 2026, a revised FR/BAR Contract will be published that addresses both parties’ obligation to comply with Closing Agent requests related to FinCEN and includes an obligation that the Buyer will pay costs and fees charged to prepare the FinCEN Real Estate Report. For those who may need to incorporate that language now before the new FR/BAR Contract is published, that language is as follows: *FinCEN REAL ESTATE REPORTING OBLIGATION. Section 1010.821 of Chapter 31 of the Code of Federal Regulations (“CFR”) requires that certain residential real estate transactions without institutional lender financing, where at least one buyer/transferee is a legal entity, limited liability company, corporation, partnership, trust, trustee, or other non-natural person, must be reported (a “FinCEN Report”) to FinCEN beginning March 1, 2026. If this transaction requires completion of a FinCEN Report, then Seller and Buyer shall, no later than the day prior to Closing, provide Closing Agent with all information and documentation necessary to enable Closing Agent to complete the FinCEN Report. Such information and documentation includes, without limitation, full legal names, dates of birth, residential street addresses, and the IRS taxpayer identification number of the beneficial owners of the parties, as further defined and described in the CFR. Each party agrees to promptly provide and consents to Closing Agent’s collection and report of said information to FinCEN. Buyer shall pay all costs and fees charged by Closing Agent to prepare and file the FinCEN Report.* *This information supplied by Old Republic Title*