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Jbs Homes LLC & Homes For You LLC, Petitioner V City Of Oak Park, Respondent · 25-003759-TT

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Page 1

RECEIVED 

NOY 1.3 2025 

MICHIGAN TAX TRIBUNAL 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

JBS Homes LLC & Homes for you LLC, 

Petitioner, 

MICHIGAN TAX TRIBUNAL 

SMALL CLAIMS DIVISION 

v 

MTT Docket No. 25-003759 

City Of Oak Park, 

Respondent. 

ORDER OF DEFAULT 

The Tribunal has reviewed the file in the above-captioned case and finds that: 

Petitioner did not submit a copy of the notice giving rise to the appeal (i.e., notice of 

action taken by Board of Review, uncapping notice, PRE denial notice, final assessment 

notice, etc.), as required by TTR 279. As such, Petitioner must submit the notice within 

14 days of the entry of this order. 

Therefore, 

IT IS ORDERED that Petitioner is HELD IN DEFAULT. 

IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated 

above, within 14 days of the entry of this order. 

Failure to comply with this order will result in the defaulted party being required to file a 

motion to set aside the default (with appropriate filing fee). 

ST) 

o 

. 

By: 

7 ali Cul 

oF 

H CLE pe 

Entered: November 6, 2025 

Patricia L. Halm, Tribunal Chair 

PROOF OF SERVICE 

| certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives.

Page 2

MTT Docket No. 25-003759 

Page 2 of 2 

service for delivery to the tribunal as indicated by the receipt date on the package containing the 

submission. A submission by personal service is considered filed on the date the submission is received. 

A submission through the tribunal's e-filing system by 11:59 p.m. on a business day is considered filed on 

that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. 

on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a 

holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal 

act, MCL 205.735a.” TTR 225(5)

Page 3

Mayor 

Marian McClellan 

Mayor Pro Tem 

CITY OF OAK PARK 

Shaun Whitehead 

Council Members 

Solomon Radner 

Assessing Division 

Julie Edgar 

. 

. 

Stephanie Crawford 

Department of Finance 

City Manager 

Erik Tungate 

Homes for You LLC 

2648 Windemere Rd 

Birmingham, Ml 48009 

Qctober 2, 2025 

Re: Uncapping of Taxable Value- Parcel 52-25-19-183-010- 24020 Condon Ave, Oak 

Park, MI 

Dear Property Owner, 

Our office was recently notified of a transfer of ownership of the above-mentioned 

property. On the delayed filed Property Transfer affidavit, 

it was indicated that the 

property was commonly controlled. After reviewing the information received 

it was 

determined that this transfer was not an exempt transfer and the property's taxable 

value must be uncapped for the 2019 assessment year. 

Enclosed is the Assessor Affidavit regarding “uncapping” of the Taxable Value for the 

years 2019 through 2025. You will receive a revised tax bill from the Oakland County 

Treasurer for the following year(s): 2019 through 2024. The City of Oak Park Treasurer 

will be issuing a revised summer tax bill for 2025. The winter tax bill will be calculated 

correctly. Below is the estimated amount of additional taxes that will be billed for each 

year. These estimates do not include any interest or penalties that may apply. 

Tax Years: 2019 - $1392, 2020 - $1412, 2021 

- $1417, 2022 - § 1432, 2023 - $1491 

2024 - $1601, 2025 - $1679 

If you disagree with the above determination, you have 35 days from the date of this 

notice to appeal the decision to the Michigan Tax Tribunal. Full instructions on how to 

file an appeal are found on their website at www.michigan.gov/taxtrio 

If you have any questions concerning this matter, please do not hesitate to contact our 

office.

Page 4

Mayor 

Marian McClellan 

CITY OF OAK PARK 

po 

To 

Shaun Whitehead 

Council Members 

Solomon Radner 

Assessing Division 

Julie Edgar 

. 

. 

Stephanie Crawford 

Department of Finance 

City Manager 

Erik Tungate 

N 

Citulbiilionl 

1915 

GET 

Homes for You LLC 

2648 Windemere Rd 

Birmingham, Mi 48009 

October 2, 2025 

Re: Uncapping of Taxable Value~ Parcel 52-25-29-352-029 — 23231 Eastwood Ave, 

Oak 

Park, Mi 

Dear Property Owner, 

Our office was recently notified of a transfer of ownership of the above-mentioned 

property. On the delayed filed Property Transfer affidavit, 

it was indicated that the 

property was commonly controlled. After reviewing the information received it was 

determined that this transfer was not an exempt transfer and the property's taxable 

value must be uncapped for the 2020 assessment year. 

Enclosed is the Assessor Affidavit regarding “uncapping” of the Taxable Value for the 

years 2020 through 2025. You will receive a revised tax bill from the Oakland County 

Treasurer for the following year(s): 2020 through 2024. The City of Oak Park Treasurer 

will be issuing a revised summer tax bill for 2025. The winter tax bill will be calculated 

correctly. Below is the gstimated amount of additional taxes that will be billed for each 

year. These estimates do not include any interest or penalties that may apply. 

Tax Years: 2020 - $958, 2021 

- $962, 2022 - $972, 2023 - $1012 

2024 - $1087, 2025 - 

$1140 

If you disagree with the above determination, you have 35 days from the date of this 

notice to appeal the decision to the Michigan Tax Tribunal. Full instructions on how to 

file an appeal are found on their website at www.michigan.gov/taxtrib 

If you have any questions concerning this matter, please do not hesitate to contact our 

office.

Page 5

Mayor 

Marian McClellan 

CITY OF OAK PARK 

Soon Whitehead 

Shaun Whitehead 

Council Members 

Solomon Radner 

Assessing Division 

Julie Edgar 

. 

H 

Stephanie Crawford 

Department of Finance 

City Manager 

Erik Tungate 

JBS Homes LLC 

2648 Windemere Rd 

Birmingham, Ml 48009 

October 2, 2025 

Re: Uncapping of Taxable Value— Parcel 52-25-31-129-071 — 14640 Pearson Ave, Oak 

Park, Ml 

Dear Property Owner, 

Our office was recently notified of a transfer of ownership of the above-mentioned 

property. On the delayed filed Property Transfer affidavit, 

it was indicated that the 

property was commonly controlled. After reviewing the information received 

it was 

determined that this transfer was not an exempt transfer and the property's taxable 

value must be uncapped for the 2021 assessment year. 

Enclosed is the Assessor Affidavit regarding “uncapping” of the Taxable Value for the 

years 2021 through 2025. You will receive a revised tax bill from the Oakland County 

Treasurer for the following year(s): 2021 through 2024. The City of Oak Park Treasurer 

will be issuing a revised summer tax bill for 2025. The winter tax bill will be calculated 

correctly. Below is the estimated amount of additional taxes that will be billed for each 

year. These estimates do not include any interest or penalties that may apply. 

Tax Years: 2021 

- $724, 2022 - $732, 2023 - $762 

2024 - $819, 2025 - $858 

If you disagree with the above determination, you have 35 days from the date of this 

notice to appeal the decision to the Michigan Tax Tribunal. Full instructions on how to 

file an appeal are found on their website at www.michigan.gov/taxtrib 

If you have any questions concerning this matter, please do not hesitate to contact our 

office.

Page 6

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1 BROWN. DPA 

GOVERNOR 

LANSING 

PROPERTY TAX APPEAL PETITION FORM 

VALUATION / EXEMPTION / CLASSIFICATION APPEAL 

Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or 

Non-Property tax disputes. 

Pursuant to Michigan Tax Tribunal Rule (TTR) 279, you MUST submit a copy of the notice giving rise to the appeal 

(e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. if you do not 

submit this document, you may be heid in default. 

Section 1: Petitioner's Contact Information 

First Name 

M.E 

Last Name/Company Name 

Thomas 

J 

Berta 

Mailing Address (No., Street, P.C. Box or Rural Route) 

14124 Merci Ave. 

City or Town 

State 

ZiP Code 

Sterling Heights 

Mi 

48313 

Telephone Number 586921 4350 

E-mail Address {do not enter unless you want MTT to send all correspondence via e-mail) 

bertateam@kw.com 

Section 2: Petitioner's Attorney/Authorized Representative’s Contact Information 

First Name 

M.A. 

Last Name 

Thomas 

J 

Berta 

Frmteme 

ta JBS Homes LLC & Homes For You LLC 

Mailing Address (No., Street, P.O. Box or Rural Route) 

14124 Merci Ave 

City or Town 

State 

ZIP Code 

Sterling Heights 

Mi 

48313 

Telephone Number 586921 4350 

Email Address (do not enter unless you want MTT to send all correspondence via email} 

bertateam@kw.com 

Section 3: Subject Property Information 

How many 

1f you are appealing more than one parcel, are they contiguous or adjoining? 

parcels areyou | [1] ves* 

No** 

appealing? 

*if yes, use a multiple parcel form fer information regarding any contiguous parcels. 

*if no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. 

Property Address (No., Street, City, ST, ZIP) 

[If multiple, list first property's address) 

14640 Pearson, 23231 Eastwood & 24020 Condon

Page 7

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Issues Being Appealed (check all that apply) 

0 True Cash and Taxable Value 

[1 Poverty Exemption 

J Taxable Value Only (calculation) 

[7 Disabled Veterans Exemption 

Uncapping of Taxable Value 

[1] Eligible Manufacturing Personal Property (ESA) 

[J Exemption from Taxation (other than the denial of a 

[I Classification 

Principal Residence or Qualified Agricultural Exemption) 

Section 5: Explain the Reason for this Appeal 

These LLC's have 2 members, myself, Thomas J Berta, and my partner, George Nestor. 

We purchased these homes in our LLC's 6 to 13 years ago. We applied for an equity line 

loan about 5 years ago through our bank, First State Bank. 

First State Bank said that 

we needed to quit claim the houses into Thomas Berta or George Nestor and then quit 

claim the homes back into the LLC's. This is what we did. We have income tax filing 

proof that we paid taxes on these 3 homes every year since we purchased the homes 

approximaetley 6 to 13 years ago. We do not feel this was a change in ownership and 

the City of Oak Park should not have uncapped the taxes on these homes. 

Section 6: Jurisdictional Issues 

Year(s) you are appealing: 

2019-2025 

Did you protest the assessment at a Board of Review {BOR)? [mn] Yes 

No 

if Yes, check which BOR you attended AND attach the BOR decision: [Hl] March 

Od July 

[| December 

if No, check the applicable reason(s): 

[7 Not required to attend 

[| Assessment Change Notice was not received by Petitioner 

[I] Appealing a purported Clerical Error or Mutual Mistake of Fact {if yes, include explanation in Section 5) 

Appealing within 35 days of State Tax Commission Order 

[I] Appealing within 35 days of receipt of Notice of Uncapping

Page 8

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

‘GOVERNOR 

LANSING 

DIRECTOR 

Fee Information 

Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? 

[7 Yes 

No 

Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? 

[J Yes 

No 

If you answered yes to either or both of the above questions, you are not required to pay any filing fees. 

The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. 

If you are appealing more than one 

parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your 

filing fee, plus 

$25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. 

If your property is residential property (see MCL 205.762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$125.00 

$100,000.01 to $500,000.00 

$200.00 

$Over $500,000.00 

$300.00 

If your property is NOT residential property (see MCL 205.762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$250.00 

* Plus $25.00 for each additional parcel, as indicated above. 

If your property is 

NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the 

appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. 

Signature *required 

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