Time-Sensitive · Long Island
Sale or Eviction Date Scheduled?
If a foreclosure sale or a post-sale eviction is coming up, an emergency stay may be available depending on timing and facts. Call before the date passes.
(516) 750-0595Nassau County · Suffolk County · New York City
Where Are You Right Now?
The right move — and how much time you have — depends on the stage. Find your situation, then call so it can be evaluated against the deadline.
Sale within days
A foreclosure auction is scheduled within the next week or two. This is the most urgent situation. An emergency order to show cause has to be prepared and brought before a judge before the auction, so every day counts. Call immediately.
Judgment entered, no sale date yet
A judgment of foreclosure and sale has been entered but no auction is scheduled. There may be more room to act — to review the judgment, the referee’s computation, and the underlying proof — but do not wait for the notice of sale to arrive.
Eviction / warrant after sale
The home was sold and you have received a notice to quit, a petition, or a warrant of eviction. The purchaser must follow a separate possession procedure that has its own requirements, which may be challenged depending on the facts.
How an Emergency Stay Actually Works
Stopping a sale is not a phone call to the bank. It is a court process, and it moves on the court’s schedule, which is why time is the single biggest factor. In broad terms, an emergency application to stay a foreclosure sale or eviction usually involves these steps:
- 1File review. A lawyer reads the judgment, the notice of sale, the referee’s report, the 90-day notice, and the proof the lender filed, looking for a defect or a legal basis to pause the sale.
- 2Draft the order to show cause. The lawyer prepares an OSC and a supporting affidavit explaining why the court should hear the issue and pause the sale in the meantime.
- 3Ask for a temporary restraining order (TRO). A judge may sign a TRO that pauses the sale until the motion can be heard. This is the piece that actually stops the auction in the short term — if it is granted.
- 4The motion is heard. Both sides argue. The court decides whether to extend the stay, set conditions, or let the sale proceed, and whether the underlying issue has merit.
None of these steps is guaranteed to succeed, and a judge can decline to sign a TRO or can let the sale go forward. But the process cannot even start without time to prepare it — which is the entire reason to call the moment you have a date.
What an Emergency OSC Can — and Cannot — Do
It may be able to:
- • Ask a judge to pause a scheduled sale or eviction
- • Raise a defect — RPAPL 1304 notice, standing, service, or the referee’s computation
- • Reopen an issue, buy time to negotiate, or pursue a modification or settlement
- • Put the lender to its proof before the home is sold
It cannot:
- • Guarantee that a stay will be granted
- • Erase a valid debt or guarantee you keep the home
- • Fix a problem if the deadline has already passed without action
- • Substitute for paying or resolving the underlying default forever
Whether emergency relief is available depends entirely on timing, the procedural history, and the facts of your case. This is general information, not legal advice.
Even After a Damaging Order, Options May Still Exist
A summary judgment, an order of reference, or even a judgment of foreclosure and sale is not always the final word. Depending on the facts and the record, post-judgment motions and appellate review can sometimes change a case. In HSBC Bank USA, N.A. v Pacifico — where Jason Tenenbaum represented the homeowner — the Appellate Division, Second Department, reversed a Suffolk County foreclosure after the bank had already obtained summary judgment and an order of reference, finding the bank’s proof insufficient to support foreclosure summary judgment. HSBC Bank USA, N.A. v Pacifico, 2024 NY Slip Op 04198 (App. Div., 2d Dept. Aug. 14, 2024).
That does not mean every order can be undone or every sale or eviction can be stopped — outcomes depend entirely on the facts, the record, and timing. It is the reason to have your case reviewed quickly rather than assume nothing can be done. Read the full HSBC v Pacifico case study → Past results do not guarantee future outcomes.
Nassau & Suffolk Foreclosure Sales
On Long Island, foreclosure cases are litigated in the Supreme Court of the county where the property sits — Nassau County Supreme in Mineola, Suffolk County Supreme in Riverhead — and most pass through a mandatory residential foreclosure settlement conference part before judgment. Auctions are typically held at the courthouse or a designated location and are scheduled by a notice of sale after the judgment of foreclosure and sale is entered.
Because each county part has its own practices and calendars, an emergency application has to be tailored to where your case is pending and how close the auction is. If your property is in Nassau or Suffolk and you have a sale or eviction date, tell us the county and the date when you call so the options can be evaluated against the local process.
Have These Ready When You Call
Same-day document review may be possible if you have a sale or eviction date. Gather what you can — do not wait until you have everything.
Emergency Foreclosure FAQ
Can a lawyer stop a foreclosure sale on Long Island?+
In some cases, an attorney can ask a court to stay (pause) a scheduled foreclosure sale by filing an emergency order to show cause with a request for a temporary restraining order. Whether a court grants it depends on the timing, the procedural history of the case, and whether there is a legal basis — for example, a defect in the RPAPL 1304 notice, a standing problem, improper service, a pending loss-mitigation application, or a bankruptcy issue. There is no guarantee a stay will be granted, and the closer the sale date, the harder it is. Call before the date passes so the options can be evaluated immediately.
Can I stop an eviction after a foreclosure sale?+
After a foreclosure sale, the purchaser generally must bring a separate proceeding to obtain possession and must follow specific procedural steps, including proper notice. Depending on the facts, it may be possible to challenge the post-sale possession process or seek a short stay through an order to show cause. This is highly time-sensitive and fact-specific; if you have received a notice to quit, a petition, or a warrant of eviction, call right away.
What is an emergency order to show cause in a foreclosure case?+
An order to show cause (OSC) is a procedural device that lets a lawyer bring an urgent request before a judge faster than an ordinary motion. In foreclosure, an OSC can ask the court to stay a sale or eviction and to hear an argument that something went wrong in the case. A judge can sign a temporary restraining order pausing the sale until the motion is heard. An OSC can sometimes buy time or reopen an issue, but it cannot erase a valid debt or guarantee that a home is saved.
How fast do I need to call if my sale or eviction date is close?+
As soon as possible. Emergency relief takes time to prepare — a lawyer has to review the file, identify a legal basis, draft the order to show cause and supporting affidavit, and get before a judge, sometimes the same day. If your sale or eviction is within days, call immediately at (516) 750-0595 and have your documents ready. Waiting until the afternoon before the sale makes meaningful relief much less likely, though it is still worth calling.
Will I have to pay the full amount to stop the sale?+
Not necessarily, and it depends entirely on the basis for the stay. A stay sought because of a procedural defect (notice, standing, service) is different from one tied to reinstatement or payoff. Some stays are granted to allow an issue to be litigated; others may require conditions set by the court. A lawyer can tell you, after reviewing your papers, what a realistic request looks like in your situation.
Does filing bankruptcy stop a foreclosure sale?+
Filing certain bankruptcy cases triggers an automatic stay that can halt a foreclosure sale, but bankruptcy has significant and lasting consequences and is not the right tool for everyone. It is one option among several, and it should be weighed against defending the foreclosure on the merits. If you are considering it as a last-minute move to stop a sale, get advice quickly so you understand the trade-offs.
What documents should I have ready?+
Have whatever you can find: the notice of sale, the judgment of foreclosure and sale, the referee’s report, any eviction notice or warrant, the original summons and complaint, the 90-day RPAPL 1304 notice, and any loan modification letters or prior court orders. Do not wait until you have everything — call with what you have, and we will tell you what else is needed.
More on how New York foreclosure defense works:
Attorney advertising. This page is general information, not legal advice, and does not create an attorney-client relationship. We do not guarantee that any foreclosure sale or eviction can be stopped. Past results do not guarantee future outcomes.