Time lines and procedures vary from county to county. However, only a Sheriff can evict you and this can occur only after the Judge approves the Sheriff's Sale. Per statute, you then have 30 days from that court date in which to vacate.
Per statute, no sale can be noticed until Judgment enters and the redemption period runs. Redemption can be either seven (7) months from service or three (3) months from date of Judgment, (which ever provides you with the longer time period). Since you only recently were served, it is clear that you have an extended period before you can be forced to leave.
While no action is required of you, the wiser course is to not stay away from court. If you are present, you will be insured of receipt of all notices. Additionally, there may be defenses to the foreclosure or issues of proof with the Complaint as filed. Through the filing of an Answer, the issuance of discovery, or the simple act of retaining counsel may result in extended time in the residence. Since you may also elect to vacate the residence prior to being ordered to leave, an attorney could help with that transition to avoid any problems with the lender.
An attorney that practices in foreclosure should be able to provide you with a more accurate timeframe for the process (as some counties process matters faster than others). The attorney could also review your Complaint and provide you with an overview of what issues and potential problems of proofs could exist in your case. You may find that representation is best for you, despite the discharge in bankruptcy.
Finally, it is possible that your Bankruptcy was not duly noted by the attorneys filing the foreclosure. As such, some actions may be required to insure that no personal deficiency is sought. With such conduct being potentially sanctionable, this is another reason to consult with an experienced attorney.
Answered on Dec 30th, 2011 at 2:11 PM