FARMINGTON – A Franklin County District Court judge heard two sides of a foreclosure-dispute case Monday that cost a former deputy sheriff his home and more than $17,000.

Roland Wilcox, formerly a deputy sheriff and Phillips’ constable, was diagnosed with a brain tumor in the late 1990s, and quickly fell deeply into debt, he said in an interview earlier this year.

The town of Phillips foreclosed on his house and land for nonpayment of taxes, but later agreed to give him back the property if he paid off his nearly $3,000 debt in $85 monthly increments.

Everyone involved in the case, from Wilcox, who now lives in Farmington, and his wife Joyce, to his attorney Ron Cullenberg, to town attorney Frank Underkuffler, agree that Wilcox paid only one of the $85 payments owed to the town.

After sending Wilcox a letter explaining he was in breach of his contract, the town sold the property, which Cullenberg says is worth about $60,000, to Brett Rollins for nearly $22,000.

The almost $18,000 difference between what Wilcox owed and what the town made was put into the town’s surplus account. Now Wilcox wants it back. A petition that circulated in Phillips this spring suggested many townspeople agree with him.

But since the money is in the town coffers, it’s illegal for Phillips to just give it back, Maine Municipal Association lawyers say. Unless, that is, a judge finds in Wilcox’s favor.

Judge Ralph Tucker listened to both sides in the case Monday in a summary judgment hearing.

Cullenberg’s argument hinged on the nitty-gritty details of how the town handled the second foreclosure. They were obligated to notify Wilcox in writing and give him 30 days to pay what he owned before selling the property to someone else. Wilcox said he doesn’t remember being notified, and a relative’s signature, not his own, is on the paperwork the town sent him.

“It’s a technical argument, but if a technical argument is the only way you can get” the town to give the $18,000 back, Cullenberg said, trailing off. “In 35 years of practicing law, I can’t think of any other financial situation as blatantly unfair as this one,” he said.

Underkuffler didn’t deny Wilcox’s situation is unfortunate, but said the town gave him ample opportunity to get the property back. If the judge were to find in favor of Wilcox because the original notification was signed-for by a relative, it would place Rollins at risk.

“The remedy (for the town’s alleged mistake) is that they (the Wilcoxes) can get their property back. My position is that the judge can’t rule on that question without giving Rollins his day in court.”

“The town was doing things the way the town thought they should,” he added.

Judge Tucker has not ruled on the case. It will probably be a few weeks before he does, Cullenberg said.