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
Is There a Sale or Eviction Date?
Sale within days
A foreclosure auction is scheduled within the next week or two. This is the most urgent situation. Call immediately — preparing an emergency order to show cause takes time.
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 — but do not wait for the notice of sale to arrive.
Eviction / warrant after sale
The home was sold and you have received an eviction notice, notice to quit, or warrant. Post-sale possession has its own procedure that may be challenged.
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 or buy time to negotiate or seek a modification
It cannot:
- • Guarantee that a stay will be granted
- • Erase a valid debt or guarantee you keep the home
- • Help if the deadline has already passed without action
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.
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, or a pending modification or 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 new owner generally must bring a separate proceeding to obtain possession, and there are procedural requirements they must follow. 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 an eviction notice, a 10-day notice to quit, or a warrant, call right away.
What is an emergency order to show cause in a foreclosure case?+
An order to show cause (OSC) is a way to bring an urgent request before a judge faster than a normal 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. An OSC can sometimes buy time or reopen an issue, but it cannot erase a valid debt or guarantee that a home is saved. What it can and cannot do depends on the specific facts and where the case stands.
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, and draft and file papers before the deadline. If your sale or eviction is within days, call immediately at (516) 750-0595 and have your documents ready. Waiting until the day before makes meaningful relief much less likely.
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:
Long Island Foreclosure Defense →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.