What Sellers Need to Know About FinCEN Filing
When a real estate transaction requires a FinCEN filing, sellers provide basic identification as part of the report. Your part is quick, and most sellers finish in under five minutes.
Why Sellers Are Part of the FinCEN Process
FinCEN's Residential Real Estate Reporting Rule (31 CFR 1031.320) requires title companies to identify all parties in a reportable transaction, including the seller (known as the “transferor” in the rule). While the filing requirement is triggered by the buyer's entity type and financing structure, sellers must provide identifying information so FinCEN has a complete picture of the transaction.
This is a federal requirement under the Bank Secrecy Act. The information is used exclusively for the required FinCEN filing and is not shared for any other purpose.
The good news: your part is straightforward. You'll provide basic personal identification through a short, secure digital form, and Driggs Title Agency handles everything else: the determination, compliance review, and filing with FinCEN.
When Are Sellers Involved?
You'll be asked to provide information when the following conditions are met:
The Transaction Has Been Determined Reportable
Your escrow officer has run FinCEN’s determination criteria and confirmed that the transaction requires a filing. This is based on the buyer’s entity type, financing structure, and property type, not anything the seller did.
Seller Identification Is Required by Law
FinCEN’s Real Estate Report requires identification of the transferor (seller). Whether you’re selling as an individual, through an entity, or through a trust, you’ll need to provide identification details.
The Transaction Closes On or After March 1, 2026
The reporting requirement applies to qualifying transactions closing on or after this date. Transactions that closed before March 1, 2026 are not subject to the rule.
The determination is not up to you. Your escrow officer handles the analysis of whether a filing is required. If it is, they'll reach out with a secure link to complete your portion. You don't need to evaluate the criteria yourself.
What Information Will I Need?
The information required depends on whether you're selling as an individual, entity, or trust:
Individual Sellers
Most common · typically takes under 5 minutes
- Full legal name
- Date of birth
- SSN or ITIN
- Current residential address
- Citizenship information
Entity or Trust Sellers
Additional details required for entities and trusts
- Entity legal name and EIN
- Principal place of business
- Trust name and execution date
- Trustee identification (for trusts)
- State or country of formation
The Simple Process
Receive a Secure Link
Your escrow officer sends you a personalized, secure link via email. Click to open your form. No account, no password, no app needed. The link is valid for 7 days.
Provide Your Information
Fill out the guided form with your identification details. Built-in validation ensures everything is formatted correctly. Your progress saves automatically every 30 seconds.
Review and Sign
Review your information on the summary page, then certify with your electronic signature. That’s it. You’re done. Driggs Title handles the compliance review, filing, and tracking from here.
Your Information Is Protected
We understand that providing personal information like your SSN requires trust. Here's how we protect your data:
- All data is encrypted in transit (TLS) and at rest
- Secure, time-limited links with no accounts or passwords to be compromised
- Links are cryptographically unique and consumed after submission
- Information is used only for the required FinCEN filing
- Strict role-based access controls limit who can view your data
- Every access and action is logged for audit compliance
Common Questions from Sellers
Why do I need to provide my SSN?
FinCEN requires identification of all parties in a reportable transaction under 31 CFR 1031.320. Your SSN or ITIN is used solely for this federal filing. It is encrypted, access-controlled, and never shared for any other purpose.
When did this requirement start?
The rule became effective December 1, 2025, and reporting is required for qualifying transactions closing on or after March 1, 2026.
How long does the seller form take?
Individual sellers typically finish in under 5 minutes. Entity or trust sellers may take slightly longer due to additional identification requirements (EIN, principal business address, trustee details).
What if I don’t provide the information?
The filing is a federal requirement. The title company must still submit the report to FinCEN and note any missing information, which may result in follow-up from FinCEN. Providing your information promptly ensures an accurate and complete filing.
My link expired. How do I get a new one?
Use the “Check My Filing” button to request a new link sent to the email address on file for your transaction. Links are valid for 7 days. You can also contact your escrow officer directly.
What happens to my information after the filing?
Your information is included in the Real Estate Report filed with FinCEN. The reporting person (Driggs Title) is required to retain records for 5 years as mandated by the Bank Secrecy Act. Data is encrypted at rest throughout.
Need to Access Your Filing?
Enter the email address your escrow officer used for your transaction and we'll send you a secure link to your form.