SCHENECTADY, NY -- There was a bit of holiday caroling outside the Schenectady County Jail. The tunes, familiar, but the lyrics written especially for the County Sheriff.

"To send a message that he can do his part and not do any evictions between now and January 15th," Harold Miller, the upstate director of New York ACORN.

"Nobody should lose their homes this time of year," said Deborah Rembert, an ACORN member.

ACORN calls it an "administrative delay," which they say Sheriff Harry Buffardi is legally allowed to do.

"Other counties like Suffolk County has been a delay on their foreclosures during the holiday week," said Miller.

"It's Christmas," said Rembert. “It’s New Years. And why would you be a scrooge and have people lose their properties this time of the year?"

We spoke to the sheriff by phone, he's off for the holiday. He said he must abide by the law. If he receives a court order he must follow through. He said doing anything different, is up to the County Attorney.

"I remember from our conversation that we had last week that he was going to reach out to the County Attorney," said Miller.

However, Buffardi told us he told ACORN to check with the County Attorney to see if any exceptions can be made. When we reached out to the county attorney he said our call was the first he'd heard of it. He told us he'll look into ACORN's request and even sit down with the group.

"We're willing to sit down and talk to anybody," said Miller.

As of Tuesday afternoon, no one had talked to anyone. So, was this whole thing just a lot of song and dance? Either way, the group says this won't be their swan song. The next audience will be the Governor and the legislature.

"We're pushing in 2009 for a one year moratorium on all foreclosures," said Miller. "This is the only way we can make sure we can sort out the mess."