Mult. Co. deputies address foreclosure protests

Mult. Co. deputies address foreclosure protests

Mult. Co. deputies address foreclosure protests

Print
Email
|

by KGW.com Staff

NWCN.com

Posted on November 9, 2012 at 5:28 PM

Updated Friday, Nov 9 at 5:28 PM

PORTLAND – Sheriff’s deputies in Multnomah County are defending their duty to uphold the law regarding several protests against foreclosures in the city.

“The Multnomah County Sheriff's Office understands the emotions the foreclosure and eviction process can have on residents affected,” Lt. Steve Alexander said Friday.

The response came after dozens of people came into the county services building on Southeast Grand and Hawthorne Friday in response to a foreclosure filing, according to dispatchers.

“Sheriff (Dan) Staton will continue to work with the community and the courts to alleviate some of the pressure in this area. As part of his efforts he is striving to engage the Board of County Commissioners to become an active partner with him in finding a resolution to this.”

Civil deputies have also been providing information to anyone needing help to find new housing, deputies said.

Deputies say it is their obligation to present and ensure paperwork is legal and complete in the case of possible evictions.

“Sheriff Staton understands and is sympathetic to the plight they have identified and is already conversing with the courts and will continue to do so in regards to this topic.”

ORS 206.010 (3) General duties of sheriff. The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of the office of sheriff, it is the sheriff's duty to: (3) Execute the process and orders of the courts of justice or of judicial officers, when delivered to the sheriff for that purpose, according to law. ORS 105.161 Service and enforcement of writ of execution and eviction trespass notice.

(1) Following issuance of the writ of execution of judgment of restitution and payment of any fees required by the sheriff, the sheriff shall immediately enforce and serve the writ upon the defendant, along with the eviction trespass notice, as follows:

(a) The sheriff shall mail a copy of the writ and the eviction trespass notice by first class mail to the defendant at the premises;

(b) The sheriff shall serve the writ and the eviction trespass notice at the premises by personal delivery to the defendant or, if the defendant is not available for service, by attaching the writ and notice in a secure manner to the main entrance to that portion of the premises of which the defendant has possession;

(c) Immediately following the service of the writ and the eviction trespass notice, the sheriff shall return possession of the premises to the plaintiff by removing the defendant or any other person subject to the judgment; and

(d) Following the sheriff's removal of the defendant and return of possession of the premises to the plaintiff, the plaintiff shall be responsible for removing, storing and disposing of any personal property left by the defendant on the premises, as provided by ORS 105.165.

(2) Following issuance of the writ, at the plaintiff's request, the sheriff shall delay enforcement and service of the writ.

(3) Any writ not enforced and served within 30 days following issuance expires and becomes unenforceable unless the court extends the operation of the writ before the writ expires based on a showing of good cause by the sheriff. If the court extends the operation of a writ under this subsection, the sheriff shall promptly notify the plaintiff of the extension.

(4) A judgment may not be enforced if the parties have entered a new rental agreement or if the plaintiff has accepted rent for a period of occupancy beginning after the judgment was entered. [2001 c.596 §21 (105.151, 105.152, 105.153, 105.156, 105.157, 105.158, 105.159 and 105.161 enacted in lieu of 105.154); 2003 c.378 §31; 2011 c.366 §1]

Print
Email
|