I have a chpater 7 bankruptcy that was discharged is Jan 2010. If we don''t agree to banks loan mod, how long before we get kicked out?

Foreclosure is one of the ways that lenders obtain control and title to real property.  In the absence of a deed in lieu of foreclosure or a short sale, title would need to be obtained via foreclosure. Foreclosure is subject to certain statutory time constraints.  First, there is a mandatory redemption period.  This period is either 7 months from the date of service or 3 months from the date of judgment, which ever is the longest.  This is, however, only part of the timeframe involved.  The transfer is initiated via a sheriff's sale, which cannot occur until after the statutory notice is published in the newspaper.  The sale must then be confirmed by the court and this, too, requires notice of presentation to the court.  While there is no set time for this period from redemption to presentation, a rough approximation would be 2 to 3 months.  Illinois law provides that, upon confirmation of sale, there is a 30 day period in which to vacate the property.  It is also possible that the Judge would extend this period beyond 30 days. Since you have yet to be served, the process has not yet begun.  While each case can travel at its own pace, a "rule of thumb" would be about 10 months from start to finish (as in vacating the property).  This can be extended due to back logs with the Sheriff, court scheduling, and actions taken by Defendants.  For example, an attorney experienced in foreclosure may be able to further extend the period of time before you need to move.  Additionally, there may be other options, such as short sale or a renewed attempt at modification, that may be available to you. The suggestion is that, upon service with a Complaint in foreclosure, you contact an attorney to discuss matters. Each county handles these matters in a unique fashion and there is no substitute for accurate information as you look to determine the most beneficial course of action for yourself.  Should you be unable to find an attorney, a web search along with a call to your county bar association should provide you with a number of options.