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We understand evictions are challenging proceedings even in the best of circumstances. Regardless of the reason, losing your home is tragic.

This past August, the Multnomah County Sheriff’s Office was notified by the Multnomah County Circuit Court of a writ for an eviction at a home located at 4406 N. Mississippi Avenue in North Portland. A writ of execution is a judicial order that calls for a civil judgment to be enforced. A function of sheriff’s offices in Oregon, which is explicitly expressed in state law, is to carry out civil enforcement orders, such as restraining orders, stalking orders and restitution and eviction orders. Sheriff’s offices do not have any discretion in these matters and are required to follow all court orders.

According to public court documents, on November 19, 2018, a civil complaint was filed in the Multnomah County Circuit Court for an eviction due to a nonjudicial foreclosure to the home on N. Mississippi Ave. Court documents show, since 2018, there have been many court hearings on this matter where both parties argued their positions. A judge ruled in favor of the property owner after weighing all evidence. According to the Oregon Judicial Department, the current state and federal eviction moratoriums in place do not apply to nonjudicial foreclosure cases, such as this. The following is a timeline of events:

• On November, 19, 2018, a civil complaint was filed in the Multnomah County Circuit Court for an eviction due to a nonjudicial foreclosure at 4406 N. Mississippi Avenue.
   
• On May 19, 2020, a final judgment was signed on the case and a notice of restitution was issued.
   
• On August 12, 2020, a writ of execution was issued, commanding the Sheriff’s Office to serve the eviction order. A writ of execution is a judicial order that calls for a civil judgment to be enforced. A function of the Sheriff’s Office is to carry out civil enforcement orders in Multnomah County. The Sheriff’s Office has no discretion in these matters and is required to follow all court orders.
   
• On September 9, 2020, MCSO’s Civil Unit served the eviction notice. The residents were confrontational and not cooperative. Civil deputies were able to connect with another relative that offered housing to the family. Legally, after the writ is served, anyone on the property is subject to arrest for criminal charges, including trespass and criminal mischief.
   
• Shortly after the home was returned to the property owner, people began illegally trespassing on the property and the home was broken into. A second writ was reissued by the Courts on September 28, 2020.
   
• On October 22, 2020, the writ was extended.
   
• On Tuesday, December 8, 2020, by court order, the Multnomah County Sheriff’s Office served the writ for a second time to occupants illegally trespassing on the property. Prior to the notice being served, MCSO coordinated with a local service provider to line-up resources, such as shelter, bus passes, food, water, clothing items, blankets and hand warmers. The situation changed dramatically when deputies found the home to be heavily fortified from within and discovered a number of firearms on the property, (see photos). Six people were found inside the home, despite the September 9th court order. All six were arrested without incident and charged with trespassing in the first degree. Once the property was safe, it was turned over to the property owner who hired contractors to remove items from the home and clear the property.

Shortly after law enforcement left the area, a large number of people returned to the property and established an encampment in the neighborhood by barricading streets using fencing, wood boards and pallets and personal items from neighbors’ homes. Law enforcement and community members have seen individuals at the encampment heavily armed, establishing blockades, producing incendiary devices, constructing spike strips using barbed wire and stockpiling shields, sticks and rocks. Portland is now facing an armed occupation in a residential neighborhood, putting a couple dozen homes and businesses in the immediate area in danger and jeopardizing everyone’s safety. I support Mayor Ted Wheeler and Chief Chuck Lovell’s calls for a peaceful resolution before any police action must be taken to restore order, and I encourage people to address their concerns regarding the foreclosure through the appropriate legal channels. ##