You will have 120 days before the judgement is filed by BOA after you stop making your payments. Once the judgement is won by BOA you will have around six months before the sheriff's sale is scheduled. This being said you have plenty of time to do a loan mod. I can do them up to 3 days before the actual sale, and get your rate down to around 2-2.5%.
Did you try to do your failed loan mod on your own, or did you have an attorney do the negotiations?