The calculation of the amount (kinda long) is pretty self explanatory including an interest at the rate of 5% per annum commencing upon entry of the Judgement and Decree herein...
I think this is where my problem would come in:
The Petitoner's marital lien shall be satisfied and paid in full not later than twelve (12) months following entry of the Judgement and Decree herein. Any and all payments made by the Respondent to the Petitioner shall be specifically marked and designated as payment on Petitioner's marital lien, with both parties keeping appropriate record and documentation relative to the same. However, in the event the mortgage payments on the homestead presently due and owing to (our mortgage company) become more than three (3) months in arrears and/or the Respondent fails or refuses to timely satisfy the Petitioner's marital lien, the homestead of the parties shall be immediately placed on the market for sale without the need for further Court Order with the full cooperation of the Respondent, and the Petitioner's marital lien shall be satisfied out of the proceeds therefrom. Immediately upon full satisfaction of the marital lien created herein, Petitioner shall execute and deliver to Respondent a Satisfaction of Lien.
Here lies my problem....I didn't even know the house was being forclosed.
Is there anything I can do?
Ohiogal can confirm, but I don't see any real problems there for you. Your ex owes you the lien and I don't see anything that allows them off the hook if the home value drops (check the section where the marital lien is defined to be sure).
So, your ex owes you the money defined in the agreement. You can go back to court to have him held in contempt.
Two issues though:
1. It's too late now, but you could have ordered the house sold as soon as he fell 3 months behind on your marital lien. Not a big deal, but you might have gotten resolution sooner.
2. Is your name on the mortgage? If so, your credit rating is going to suffer when the house is foreclosed. In principle, you can sue him for damage to your credit rating, but it's probably so hard and expensive to quantify that it's probably not worth the bother (unless you have an occupation where you can lose your job for bad credit). If your name is on the mortgage, go to the bank and present everything to them. You're not going to get off the hook, but they may be 'gentler' with what they report to the credit agency. For example, if the home sale price is just a little shy of what's owed, they may not bother reporting the short sale - it all depends on how nice they want to be, so it's worth talking with them. Also, do whatever you can to prepare yourself for the likelihood that you will have a hard time getting credit any time soon.