Followup: Mayor tells police to stand down in post-foreclosure West Seattle eviction case of Byron and Jean BartonJuly 21, 2014 at 8:51 pm | In West Seattle news, West Seattle people, West Seattle politics | 79 Comments
(Friday photos by WSB’s Patrick Sand: Above, deputies carrying Byron Barton from his home)
New development today in a West Seattle family’s quest to stay in their foreclosed-on-and-auctioned-off home. On Friday, we chronicled a day of tumultuous activity at the 41st/Holly home of disabled veteran Byron Barton and wife Jean Barton, a day that started with King County Sheriff’s Office reps removing them from the house, which they then defiantly re-entered, continuing to keep vigil with local activists. That evening, Seattle Police and the local City Attorney’s Office precinct liaison arrived, but ultimately left after concluding nothing would be done that night.
(Friday evening WSB photo)
This morning, the activists went to City Hall to ask the mayor and council to tell SPD to stand down – several also spoke during open-comment time at this afternoon’s City Council meeting – and this evening, Mayor Murray sent this statement:
We are attempting to understand all options that may exist in this situation and I have asked Chief O’Toole and the Seattle Police Department to stand by while the latest court proceedings unwind.
An interdepartmental team has been working on the issue of foreclosure and how the City of Seattle can proactively connect residents to resources early in the process. I’ve pledged the City of Seattle’s participation in the Mayors Challenge to End Veterans Homelessness in 2015, and will launch a separate process to address homelessness and increase housing affordability in the months ahead, one of my visions toward making Seattle an affordable city.
“In Washington State, we’ve seen recent victories such as the 2011 Washington State Foreclosure Fairness Act, which I worked on closely, designed to help homeowners and their lenders explore alternatives to foreclosure and reach a resolution when possible. I’m committed to working with all stakeholders, using this and other alternatives in the work Seattle does on housing affordability.”
The City of Seattle and Washington State have resources to help homeowners avoid default and work out repayment plans in order to stay in their homes, or gain enough time to sell their homes on their own terms: http://www.seattle.gov/housing/buying/ForeclosurePrevention.htm and commerce.wa.gov/Programs/housing/Foreclosure/Pages/default.aspx
The Bartons have a lawsuit pending, alleging the foreclosure – which had been in the works at least since 2012, according to court documents we have found so far – was illegal. The development company that bought their house in an April auction has sued for “unlawful detainer” – seeking to have the Bartons removed. The situation that led to foreclosure is complicated; while the house has been in Byron Barton’s family for more than 60 years, changes in the family put it back under a mortgage. P.S. How long this will take to play out in the courts is unknown – the civil system doesn’t always move quickly, and the current trial date for the Bartons’ lawsuit (filed in May) isn’t until June of next year.
TUESDAY MORNING, 9:22 AM: A commenter asked about the Sheriff’s Office role/responsibility at this point. We asked KCSO spokesperson Sgt. DB Gates, who replied:
The eviction was completed and our involvement in serving that eviction order is over.
The legal owners of the house are always able to return to court and get another civil order which would compel our department to act. I’m unaware of any filings or movement on that topic.
Our departments stand is the eviction was completed, anyone reoccupying that house is committing a crime. At least trespass, if not burglary.
It is now up to the local police agency to enforce those crimes.
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