Real Estate Glossary — 101 Minnesota Investment and Probate Terms | Craig Kamman

Real Estate Glossary — 101 Investment, Probate and Minnesota Terms

Plain-English definitions for 101 real estate terms covering investment properties, probate, 1031 exchanges, financing, and Minnesota-specific laws. Built for West Metro investors, estate attorneys, and families navigating inherited properties or senior downsizing in the Minneapolis area.

By Craig Kamman, Edina Realty, Wayzata MN. Questions? Call 952-994-4451

Real estate has its own language, and after 30 years working with buyers, sellers, investors, and families navigating probate in the Minneapolis-Saint Paul metro, I’ve learned that confusion over terminology costs people time and money. This glossary covers the terms you’ll actually encounter — whether you’re selling an inherited home, refinancing a rental, or downsizing into something smaller. Bookmark it, share it, or just call me when you have questions.

Jump to a letter:

A
B
C
D
E
F
G
H
I
J
L
M
N
O
P
Q
R
S
T
U
V
W
Z

A

Abstract of Title

A condensed history of all recorded documents and legal proceedings that affect ownership of a property. Title companies review the abstract to make sure there are no liens, judgments, or ownership gaps before issuing title insurance. In Minnesota, many rural and older metro properties still transfer abstract title rather than Torrens title.

Acceleration Clause

A mortgage provision that allows the lender to demand full repayment of the loan immediately if the borrower defaults or, in some cases, sells or transfers the property. This clause is why you can’t just hand your mortgage to the new buyer — the lender has a say.

Adjustable-Rate Mortgage (ARM)

A home loan where the interest rate changes periodically based on a benchmark index, such as the SOFR rate, after an initial fixed period (commonly 3, 5, or 7 years). ARMs can be a smart tool for investors who plan to refinance or sell before the rate adjusts, but they carry payment risk if rates rise sharply.

Amortization

The process of paying down a loan through regular scheduled payments that cover both principal and interest. Early in a 30-year mortgage, most of your payment goes to interest; the balance shifts toward principal over time. Understanding your amortization schedule helps you know exactly how much equity you’re building each year.

Annual Percentage Rate (APR)

The true yearly cost of borrowing, expressed as a percentage, that includes the interest rate plus fees like origination charges and mortgage insurance. APR is always higher than the stated interest rate and is the most apples-to-apples number to compare when shopping lenders.

Appraisal

A licensed appraiser’s professional opinion of a property’s market value, based on comparable sales, condition, and location. Lenders require an appraisal before approving a mortgage to ensure they’re not lending more than the home is worth. In my experience, a low appraisal is one of the most common reasons deals fall apart — which is why pricing right from the start matters.

As-Is Sale

A sale where the seller makes no repairs and the buyer accepts the property in its current condition. This is common in estate sales, probate, and situations where the family simply doesn’t have the resources or time to fix things up. I often help probate clients navigate as-is sales so the estate can close quickly without the burden of contractor coordination.

Assessed Value

The dollar value assigned to a property by the county assessor for the purpose of calculating property taxes — not the same as market value. In Minnesota, assessed value is typically a percentage of estimated market value, and you can appeal if you think it’s too high.

B

Balloon Mortgage

A loan that has smaller regular payments followed by one large “balloon” payment due at the end of a set term, often 5 or 7 years. Investors sometimes use these for short-term holds, but they carry real risk if refinancing isn’t available when the balloon comes due.

Bridge Loan

Short-term financing that “bridges” the gap between buying a new home and selling your current one. I work with many seniors and downsizers who use bridge loans so they can move without waiting for their existing home to sell first — it reduces stress enormously.

Buyer’s Agent

A real estate agent who represents the buyer’s interests in a transaction, including negotiating price and terms, coordinating inspections, and guiding the buyer through closing. The buyer’s agent is typically compensated from the seller’s proceeds.

Buyer’s Market

A market condition where supply (homes for sale) exceeds demand, giving buyers more negotiating power — including the ability to ask for price reductions, repairs, and favorable contingencies. Buyers’ markets are rarer in the Twin Cities metro, but they do cycle through periodically.

C

Cap Rate (Capitalization Rate)

A core investment metric calculated by dividing a property’s Net Operating Income (NOI) by its purchase price or current value. For example, if a duplex generates $18,000 in NOI and you paid $225,000, your cap rate is 8%. In my 30 years working with investors, cap rate is the first number serious buyers want to see — it lets you compare properties regardless of financing.

Cash-on-Cash Return

An investment return metric that measures the annual pre-tax cash flow divided by the total cash invested (down payment plus closing costs). Unlike cap rate, cash-on-cash accounts for your actual financing, so it reflects what you’re earning on the dollars you personally put in. A 7-10% cash-on-cash return is generally considered solid in the Twin Cities market.

Clear Title

A title that has no liens, encumbrances, or legal questions about ownership — meaning the seller can legally transfer the property to a buyer. Clearing title is one of the most important steps in any estate or probate sale, and it’s something I help families understand early in the process.

Closing

The final step in a real estate transaction where documents are signed, funds are transferred, and ownership officially changes hands. In Minnesota, closings typically happen at a title company, with all parties — or their representatives — present or signing in advance.

Closing Costs

Fees and expenses paid at closing beyond the purchase price, including title insurance, lender fees, recording fees, and prorated taxes. Buyers typically pay 2-5% of the purchase price in closing costs; sellers pay their own set of costs including agent commissions and deed tax. I always walk my clients through a net sheet so there are no surprises on closing day.

Comparative Market Analysis (CMA)

A report prepared by a real estate agent that analyzes recent sales of similar homes to estimate a property’s current market value. A good CMA is the foundation of smart pricing — too high and the home sits; too low and you leave money on the table.

Contingency

A condition written into a purchase agreement that must be satisfied for the sale to proceed. Common contingencies include financing (the buyer must secure a mortgage), inspection (the buyer can request repairs or cancel based on findings), and sale of buyer’s current home. In competitive markets, buyers sometimes waive contingencies — which carries risk.

Cost Segregation

A tax strategy used by investment property owners to accelerate depreciation by identifying and reclassifying building components (like flooring, landscaping, and fixtures) into shorter depreciation schedules — often 5, 7, or 15 years instead of 27.5. This front-loads tax deductions and can dramatically improve cash flow in the early years of ownership. Cost segregation is generally most beneficial on properties purchased for $500,000 or more; always consult a CPA.

Counteroffer

A seller’s or buyer’s response to an offer that changes one or more terms — price, closing date, contingencies, or inclusions. Once a counteroffer is made, the original offer is void and the responding party has the power to accept or walk away.

D

Days on Market (DOM)

The number of days a property has been listed for sale on the MLS. A high DOM can signal overpricing or underlying issues — and buyers notice. I pay close attention to DOM when advising sellers on pricing strategy, especially in the Edina, Eden Prairie, and Minnetonka submarkets I know best.

Deed

The legal document that transfers ownership of real property from seller to buyer. In Minnesota, common deed types include warranty deeds, quitclaim deeds, and personal representative deeds (used in probate). The deed is recorded at the county recorder’s office to create a public record of ownership.

Depreciation

For tax purposes, the IRS allows rental property owners to deduct a portion of the property’s cost each year to account for wear and tear. Residential rental properties are depreciated over 27.5 years, while commercial properties use a 39-year schedule. Depreciation is a powerful, non-cash tax deduction that often helps investors show a paper loss even when the property generates positive cash flow.

Disclosure

In Minnesota, sellers are required to complete a Seller’s Property Disclosure statement revealing known material defects — things like water intrusion, structural issues, or past insurance claims. Probate sales often use a limited disclosure because the personal representative may not have lived in the home, but buyers should still conduct thorough inspections.

Distressed Property

A property in poor physical condition or in financial distress — such as pre-foreclosure, short sale, REO, or a home that’s been deferred-maintenance for years. Distressed properties can offer value-add opportunities for investors, but due diligence is essential to avoid costly surprises.

Down Payment

The portion of a home’s purchase price the buyer pays upfront in cash, with the remainder financed through a mortgage. Conventional loans typically require 3-20% down; investment properties commonly require 20-25%. The larger your down payment, the lower your monthly payment and the less interest you pay over time.

DSCR (Debt Service Coverage Ratio)

A lending metric that compares a property’s annual net operating income to its annual debt payments (principal + interest). A DSCR of 1.0 means income exactly covers debt; lenders typically want 1.20 or higher. DSCR loans are popular with investors because qualification is based on the property’s income rather than the borrower’s personal income — which is a game-changer for self-employed investors.

E

Earnest Money

A good-faith deposit the buyer submits with their offer to demonstrate serious intent. In Minnesota, earnest money is held in escrow by the seller’s agent’s brokerage or the title company. If the buyer backs out without a valid contingency reason, the seller may be entitled to keep the earnest money.

Easement

A legal right for someone other than the property owner to use a portion of the land for a specific purpose — such as a utility company running power lines, or a neighbor with a recorded driveway easement. Easements run with the land and transfer to new owners, so it’s important to identify them in the title search.

Equity

The difference between your home’s current market value and what you still owe on the mortgage. Equity builds through appreciation and mortgage paydown. For many of the seniors I work with, their home equity is their largest financial asset — and understanding it clearly is the first step in any downsizing plan.

Escrow

A neutral third-party arrangement where funds, documents, or both are held until specific conditions are met — typically until closing. Many mortgage lenders also maintain an ongoing escrow account to collect and pay property taxes and homeowner’s insurance on the borrower’s behalf.

Estate Sale

A sale of a deceased person’s personal property, typically conducted by a professional estate sale company that prices and sells household contents over a weekend. Estate sales are often coordinated alongside the real estate sale and can help clear the home’s contents before listing. In my 30 years working with families, I’ve helped coordinate hundreds of estate sales and can connect you with trusted companies in the Twin Cities area.

F

Fair Market Value (FMV)

The price a property would sell for between a willing buyer and a willing seller, both fully informed and neither under compulsion to act. FMV is used in appraisals, tax assessments, estate valuations, and negotiations. It’s the starting point for nearly every conversation I have with sellers.

FHA Loan

A mortgage insured by the Federal Housing Administration that allows lower down payments (as low as 3.5%) and more flexible credit requirements than conventional loans. FHA loans are popular with first-time buyers but cannot be used for investment properties.

Fiduciary Duty

The legal and ethical obligation to act in another party’s best interest. As a Realtor, I owe fiduciary duties to my clients — including loyalty, confidentiality, disclosure, obedience, reasonable care, and accounting. Personal representatives in a probate also owe fiduciary duties to the estate’s beneficiaries.

Foreclosure

The legal process by which a lender takes possession of a property after the borrower fails to make mortgage payments. Minnesota uses a non-judicial foreclosure process, and borrowers have a statutory right of redemption — typically six months after the foreclosure sale — during which they can reclaim the property by paying the full amount owed.

G

GRM (Gross Rent Multiplier)

A quick screening metric calculated by dividing a property’s sale price by its annual gross rental income. For example, a $400,000 fourplex generating $40,000 per year in gross rents has a GRM of 10. GRM doesn’t account for expenses, so it’s best used as a fast filter — not a substitute for full underwriting.

Guardian

A person appointed by a court to make decisions on behalf of someone who is legally incapacitated — including decisions about real property. If a property owner becomes incapacitated without a power of attorney in place, the family may need to go through a guardianship or conservatorship proceeding before the home can be sold.

H

Hard Money Loan

A short-term, asset-based loan from a private lender — not a bank — where the property itself is the primary collateral. Hard money loans carry higher interest rates (often 9-14%) and shorter terms (6-24 months), but they close fast and don’t require the same documentation as conventional loans. Fix-and-flip investors frequently use hard money.

Heir

A person legally entitled to inherit property from a deceased person, either through a will or, if there is no will, through Minnesota’s intestacy laws. Understanding who the heirs are is one of the first things we determine when a probate property comes to market.

Home Equity Line of Credit (HELOC)

A revolving line of credit secured by your home’s equity, similar to a credit card. HELOCs are popular with investors and seniors who want flexible access to funds for renovations, bridge financing, or other needs without selling their home. Rates are typically variable, tied to the prime rate.

Homestead

In Minnesota, homestead classification gives property owners a reduced property tax rate on their primary residence. To qualify, the owner must live in the home. Homestead status is lost when a property is no longer owner-occupied — for example, after a death — which can increase property taxes during the estate settlement process.

I

Inspection Contingency

A clause in a purchase agreement giving the buyer the right to have the property professionally inspected and, based on the results, negotiate repairs, request a price reduction, or walk away without penalty. In Minnesota, the standard purchase agreement gives buyers 10 days for inspections unless a different timeframe is negotiated.

Intestate

The legal state of dying without a valid will. When someone dies intestate in Minnesota, state law determines who inherits the property — typically a surviving spouse first, then children, then other relatives in a defined order. Without a will, even the most straightforward estate can require a formal probate proceeding.

J

Joint Tenancy

A form of co-ownership where two or more people each own an equal, undivided interest in a property, with the right of survivorship — meaning when one owner dies, their share automatically passes to the surviving owner(s) without going through probate. Many married couples in Minnesota hold their home in joint tenancy.

Judgment Lien

A court-ordered claim against a property resulting from an unpaid legal judgment. Judgment liens attach to real property and must be paid off before a clear title can be transferred to a new buyer. They surface during the title search and are especially common in distressed and estate properties.

L

Lender’s Title Insurance

A one-time premium insurance policy that protects the mortgage lender against title defects, liens, or ownership disputes discovered after closing. Virtually every lender requires it. Owner’s title insurance — which protects the buyer — is separate and optional but strongly recommended.

Letters Testamentary

A court-issued document that officially authorizes a personal representative to act on behalf of a deceased person’s estate — including signing contracts, listing property, and closing sales. Title companies and attorneys require letters testamentary before proceeding with any estate real estate transaction. If you’re a personal representative and you don’t have this document yet, that’s your first call to make.

Lien

A legal claim against a property as security for a debt, such as a mortgage, mechanic’s lien (for unpaid contractors), or tax lien. Liens must be resolved — paid or disputed — before a clean title can be transferred. In probate and estate situations, uncovering hidden liens is one of the most important early steps.

Listing Agreement

A contract between a property owner and a real estate brokerage that authorizes the agent to market and sell the property on the seller’s behalf. In Minnesota, listing agreements specify the listing price, agent compensation, duration, and the seller’s obligations. Read it carefully — and ask questions before you sign.

Loan-to-Value Ratio (LTV)

The ratio of a mortgage loan amount to the appraised value of the property, expressed as a percentage. A $200,000 loan on a $250,000 home has an LTV of 80%. Lenders use LTV to assess risk — lower LTV generally means better rates and terms, and avoiding private mortgage insurance (PMI).

M

Market Value

What a property is actually worth in the current marketplace — determined by what buyers are willing to pay. Market value differs from assessed value (for tax purposes) and appraised value (for lending purposes), though all three are related. In my experience, understanding all three is essential for pricing strategy.

Mechanic’s Lien

A claim filed by a contractor, subcontractor, or supplier who performed work or supplied materials to a property but was never paid. In Minnesota, mechanics’ liens must be filed within a certain timeframe and attach to the property regardless of who owns it — making them a significant issue in renovation projects or estate properties with deferred work.

Minnesota Residential Purchase Agreement

The standard contract form used in Minnesota residential real estate transactions, developed and maintained by the Minnesota REALTORS association. It covers price, terms, contingencies, closing date, inclusions, and disclosures. This is the document that creates a binding agreement once signed by both parties.

MLS (Multiple Listing Service)

A cooperative database maintained by real estate professionals that shares property listings among member agents and brokerages. In the Twin Cities metro, the primary MLS is NorthStar MLS. Listing on the MLS gives your home maximum exposure to buyers and their agents — it’s still the single most powerful marketing tool available.

Mortgage

A loan secured by real property, where the lender holds a legal claim against the home until the debt is fully repaid. If the borrower stops making payments, the lender has the right to foreclose and take the property. The two key documents in a mortgage transaction are the promissory note (your promise to repay) and the mortgage itself (the lien on the property).

N

Net Operating Income (NOI)

A property’s total income minus all operating expenses, before debt service (mortgage payments) and taxes. NOI is the foundation of investment property analysis — it feeds into cap rate, DSCR, and cash-on-cash return calculations. Getting your NOI right means being honest about vacancy, maintenance, management fees, and insurance — not just what’s on the rent roll today.

Net Sheet

A document showing the seller’s estimated proceeds after all costs — mortgage payoff, agent commissions, closing costs, prorated taxes, and any liens. I prepare a net sheet for every seller early in the process so they know exactly what to expect at closing. No surprises.

Non-Probate Asset

Property that transfers directly to a beneficiary outside the probate process — such as assets held in a trust, joint tenancy property, retirement accounts with named beneficiaries, or life insurance proceeds. Understanding which assets are probate and which are non-probate is one of the most important early steps for any executor or family member navigating an estate.

O

Offer

A formal written proposal to purchase a property at a specified price and terms. In Minnesota, an offer becomes binding when both buyer and seller sign the purchase agreement. Until both signatures are in hand, either party can walk away.

Open House

A scheduled time when a listed property is open for buyers and their agents to tour without a private appointment. Open houses are a useful tool for generating early activity and gathering buyer feedback — but they’re one piece of a broader marketing strategy, not the whole plan.

Origination Fee

A lender’s upfront charge for processing and underwriting a mortgage loan, typically expressed as a percentage of the loan amount (often 0.5-1%). Origination fees are part of your closing costs and are included in the APR calculation.

P

Personal Representative (PR)

The person appointed — either by the deceased’s will or by the probate court — to administer an estate. This is what many states call an “executor.” In Minnesota, the PR has legal authority to list, negotiate, and sell real property belonging to the estate, but must follow specific legal procedures and court requirements. I’ve worked alongside dozens of personal representatives over the years and know how to make the real estate piece as smooth as possible for them.

PITI

An acronym for the four components of a typical monthly mortgage payment: Principal, Interest, Taxes, and Insurance. When lenders qualify borrowers, they use PITI — plus any HOA dues — to calculate your housing expense ratio. Knowing your PITI helps you budget accurately as a buyer or rental property owner.

PMI (Private Mortgage Insurance)

Insurance required by lenders when a buyer puts down less than 20% on a conventional loan. PMI protects the lender — not the borrower — in case of default. It can be removed once the borrower reaches 20% equity through paydown or appreciation, either automatically or by requesting cancellation.

Power of Attorney (POA)

A legal document authorizing a designated person (the “agent”) to act on behalf of another (the “principal”) in financial or legal matters — including signing real estate documents. A durable power of attorney remains valid even if the principal becomes incapacitated. This is a critical planning tool for seniors who want to ensure their affairs can be managed without court intervention.

Pre-Approval

A lender’s conditional commitment to lend a specific amount based on a review of the borrower’s income, credit, and assets. A pre-approval letter is essential before making an offer in today’s competitive market — without it, most sellers won’t take you seriously. Pre-approval is stronger than pre-qualification, which is just an estimate based on self-reported information.

Probate

The court-supervised legal process of settling a deceased person’s estate — validating their will (if one exists), paying debts, and distributing remaining assets to heirs. In Minnesota, formal probate is required when a deceased person owned real property solely in their own name. The process typically takes 6-18 months, and the home often cannot be sold until letters testamentary are issued by the court. I specialize in helping families navigate probate real estate sales with as little stress as possible.

Probate Court

The division of the Minnesota district court system that oversees estate administration, guardianships, and conservatorships. Probate matters in Hennepin County are handled in Minneapolis; Ramsey County proceedings are in Saint Paul. Each county has its own processes and timelines, which is why having a local real estate agent who understands the court system is an advantage.

Property Tax

An annual tax levied by the local government based on a property’s assessed value. In Minnesota, property taxes are paid in two installments — May 15 and October 15. At closing, taxes are prorated between buyer and seller based on the number of days each owns the property that year.

Purchase Agreement

The binding legal contract between buyer and seller that outlines the price, terms, contingencies, closing date, inclusions, and all other conditions of the sale. In Minnesota, both parties must sign for it to be enforceable. Once signed, it’s not easily undone — which is why reviewing it carefully with your agent is so important before you put pen to paper.

Q

Quitclaim Deed

A deed that transfers whatever ownership interest the grantor has in a property — with no guarantees or warranties about title quality. Quitclaim deeds are commonly used in estate planning, between family members, or to clear up title issues. They do not guarantee that the grantor actually owns the property or that title is clear of liens.

R

Radon

A naturally occurring radioactive gas that can seep into homes from the ground and accumulate to dangerous levels. Minnesota has some of the highest radon levels in the country, and radon testing is a standard part of the home inspection process here. Mitigation systems are relatively inexpensive (typically $800-$1,500) and highly effective.

Real Estate Owned (REO)

Property that has gone through foreclosure and is now owned by the lender or bank. REO properties are sold “as-is” with limited disclosures and often require cash or renovation financing. They can represent value-add opportunities, but inspections are critical because deferred maintenance is common.

Refinance

Replacing your existing mortgage with a new one — typically to get a lower interest rate, reduce the monthly payment, change the loan term, or pull out equity. A cash-out refinance lets you access accumulated equity by borrowing more than you currently owe. Investors use refinances strategically to recycle capital into new acquisitions.

Rent Roll

A document listing each rental unit in a property, the current tenant, the monthly rent, lease expiration date, and deposit held. When buying or selling investment property, the rent roll is one of the first documents you should request — it tells you what the property is actually generating today.

Right of Redemption

Minnesota law gives homeowners who have lost their home to foreclosure a statutory period — typically six months — during which they can reclaim the property by paying the full amount owed, including fees and interest. This redemption period complicates the timeline for buyers purchasing foreclosure properties, as they cannot fully take possession until it expires.

S

Section 1031 Exchange

A provision of the Internal Revenue Code that allows investors to defer capital gains taxes when selling an investment property by reinvesting the proceeds into a “like-kind” replacement property within strict deadlines: 45 days to identify a replacement and 180 days to close. In my 30 years in this business, a 1031 exchange is one of the most powerful wealth-building tools I’ve seen investors use — but you must engage a qualified intermediary before the sale closes. Once you receive the proceeds, it’s too late.

Seller’s Agent / Listing Agent

The real estate agent who represents the seller’s interests, markets the property, negotiates offers, and guides the seller through closing. The listing agent’s fiduciary duty runs to the seller — not the buyer. When I represent sellers, my job is to get you the best possible price and terms with the fewest complications.

Seller’s Market

A market condition where demand exceeds supply, giving sellers the upper hand. Multiple offers, waived contingencies, and above-list-price sales are common in a seller’s market. The Twin Cities metro — particularly the southwest suburbs — has experienced strong seller’s market conditions for much of the past decade.

Short Sale

A sale where the lender agrees to accept less than the full mortgage balance as payment in full, allowing the seller to avoid foreclosure. Short sales require lender approval and can take months to process. They can offer buyers a deal, but patience is required — and not all short sales are actually priced below market.

Stepped-Up Basis

A tax provision that resets the cost basis of inherited property to its fair market value at the date of the decedent’s death. This is one of the most significant tax benefits for heirs: if your parent bought a home for $80,000 and it’s worth $450,000 when they pass, your basis becomes $450,000 — meaning little or no capital gains tax if you sell it shortly after inheriting. Families often don’t realize this benefit, and it changes the financial calculus of whether to sell or hold.

Successor Trustee

The person named in a revocable living trust to take over management of trust assets when the original trustee dies or becomes incapacitated. Unlike a personal representative in probate, a successor trustee can act immediately without court involvement — one of the key advantages of trust-based estate planning. If you’re a successor trustee holding real property, I can help you understand the process for selling it.

T

Tenancy in Common

A form of co-ownership where two or more people each own a specified share of a property (which can be unequal), but without the right of survivorship — meaning each owner’s share passes to their heirs, not the surviving co-owners, when they die. This is different from joint tenancy and often requires more complex estate planning when the time comes to sell.

Title

Legal ownership of a property, evidenced by a deed recorded in the public record. Clear, marketable title is required to sell a home. Title issues — such as liens, errors in legal descriptions, or gaps in the chain of ownership — must be resolved before closing.

Title Company

In Minnesota, title companies (rather than attorneys) typically manage the closing process — conducting the title search, issuing title insurance, preparing closing documents, and disbursing funds. Having a reliable title company with experience in probate and estate transactions is essential; I work with several trusted title partners in the Twin Cities metro.

Title Insurance

A one-time premium insurance policy that protects against financial loss from title defects, liens, or ownership disputes that weren’t discovered before closing. There are two types: a lender’s policy (required by most lenders) and an owner’s policy (optional but strongly recommended). Once issued, owner’s title insurance protects you for as long as you or your heirs own the property.

Torrens Title

A Minnesota-specific system of land registration administered by the state, where the government guarantees the accuracy of the title certificate. Torrens property does not transfer by abstract — instead, the certificate of title is updated at the county examiner’s office with each transaction. Many urban Twin Cities properties are Torrens; rural and suburban properties are more commonly abstract.

Transfer Tax

Minnesota’s deed transfer tax (also called the “deed tax” or “state deed tax”) is levied when real property is sold. The current rate is $3.30 per $1,000 of the net sale price (after deducting any existing mortgages assumed by the buyer). The seller typically pays this at closing, and it’s factored into your net proceeds.

Trust

A legal arrangement where one party (the trustee) holds and manages assets for the benefit of another (the beneficiary). A revocable living trust is one of the most common estate planning tools to avoid probate — if the home is titled in the trust, it transfers to heirs without court supervision. I often recommend that clients speak with an estate planning attorney about whether a trust makes sense for their situation.

U

Underwriting

The lender’s process of evaluating a mortgage application by analyzing the borrower’s credit, income, assets, and the property’s value to determine whether to approve the loan and on what terms. Underwriting is the phase where deals can slow down — especially when income documentation is complex, as with self-employed borrowers or estate sales.

Unsupervised Administration

A streamlined Minnesota probate procedure that allows a personal representative to administer an estate without court approval for each individual action — including selling real property — as long as the will permits it and all heirs consent. This is significantly faster and less expensive than supervised administration and is the default for most Minnesota estates.

V

Vacancy Rate

The percentage of time a rental property’s units sit empty and unrented during a given period. A realistic vacancy assumption (typically 5-10% in the Twin Cities metro) should always be factored into investment property underwriting. Sellers sometimes present income figures based on 100% occupancy — always run your own numbers.

Value-Add Property

An investment property with potential to increase its income and value through improvements — such as renovating units, raising below-market rents, adding amenities, or improving management. Value-add investing is one of the most reliable strategies I see investors use in the Minneapolis-Saint Paul market.

W

Warranty Deed

The strongest form of deed, where the seller guarantees that they hold clear title and will defend the buyer against any future claims to ownership. Most standard residential sales in Minnesota use a warranty deed. Probate sales typically use a personal representative’s deed, which carries fewer guarantees.

Well and Septic Disclosure

Minnesota law requires sellers of properties with wells or private septic systems to disclose their condition and provide specific documentation at or before closing. For older rural and exurban properties, well water testing and septic inspection results are a key part of the buyer’s due diligence — and I always make sure sellers understand their disclosure obligations early.

Will

A legal document stating a person’s wishes regarding the distribution of their property and the care of any minor children after their death. A valid will must be signed, witnessed, and notarized in Minnesota. Having a will doesn’t avoid probate — but it determines who the personal representative is and how assets are distributed, which matters enormously in real estate situations.

Wraparound Mortgage

A seller-financing arrangement where the seller extends a new mortgage to the buyer that includes the existing mortgage balance — effectively “wrapping around” it. The buyer makes payments to the seller, who continues paying the underlying mortgage. Wraparounds are creative tools in some investment scenarios but carry significant legal and financial risk and require careful structuring with an attorney.

Z

Zoning

Local government regulations that dictate how land can be used — residential, commercial, industrial, agricultural, or mixed-use — and what can be built on it. Zoning affects everything from whether you can build an accessory dwelling unit (ADU) in your backyard to whether a duplex can be converted to a fourplex. Always verify zoning before purchasing investment property, especially in Minneapolis where zoning reform has opened new opportunities for multi-family development.

Zoning Variance

An exception granted by a local zoning board that allows a property to be used or developed in a way that deviates from current zoning rules. Variances are not guaranteed — they require a formal application, public notice, and a board hearing. Investors planning to rezone or develop properties should budget significant time for this process.

Have a question about a term you don’t see here?

I’m happy to explain any real estate concept in plain English — no jargon, no pressure.

Call or text Craig: 952-994-4451