how long?

[MrJames]

Im sorry if this does not go here.
I did a search and really didnt find much so here goes.

If I give up my home in a chapter 7 on average how long will I be able to live in it before Im kicked out? I asked our attorney and she simply said "it all depends" but wouldnt tell us on what it depends on. we have paid our lawyer and turned in all the paper work she needed so I assume we will be fileing very soon. we have only missed one mortgage payment with another one do in about a week which we are not going to pay. we asked the attorney if we should go ahead and find an apartment and she said absolutly not and told us to stay there until they kick us out,that way we can continue to take care of the property {mowing and what not}
I guess it really doesnt matter when they kick us out but Im afraid itll be shortly after discharge...which would suck as we are a single income family for now..kid getting ready to go back to school and what not so it will be hard to come up with 1st and last months rent plus deposit. we figured after all other expenses we will need to stay in our home for atleast 3 months or so after discharge to be able to have enough money to move out and to have enough money saved back for weeks when my work hours are cut short{I never know anymore when Ill be working 40hrs a week or 25hrs a week}...surely it wont be that soon will it? thanks folks and sorry if this has already been addressed.

[DeadManCrawling]

It varies by state, according to whether or not the foreclosure process in the state is judicial or nonjudicial.

In a judicial state, the lender has to go through court proceedings, which takes some time. Three months is probably the fast end of such states. In nonjudicial states, the process can be much quicker, with some states taking only a few weeks.

In judicial states, banks can take a very long time. We have not made a payment on our mortgage since January and the process has not even started in court. We are in Florida.

Your attorney advised you to not move so that you can save the money you need to get your rental. During this time, you are still responsible for the property and any HOA fees until discharge or the deed changes hands, I believe. In any case, the lender will not simply show up one day and kick you out, you will have notice through legal papers and probably your attorney, which will give you a better idea as the process continues.

Depending on the state and lender, you may also receive an offer of cash to exit the property in decent condition and within a month or so. This is to save the lender the hassle of a long court battle and to assure that the property is not damaged out of spite. These Cash For Keys offers used to be prevalent, but I am not sure if the huge number of foreclosures has decreased the offers.

[casdem1]

We have not made a mortgage payment since June 08. Our Chapter 7 was filed October 08 and discharged February 09 (we did not reaffirm mtg). Two weeks ago we received notification that an attorney has been hired by HSBC to foreclose. My attorney said we have between 3 and 6 months. We are going to wait until HSBC lawyers actually file the foreclosure before finding another place to live. I watch the court filings and the sheriff sales. I have found that in Oklahoma the sheriff sale is usually three to four months after the initial foreclosure filing if there are no other issues like liens or people that cannot be found.