Southwest National Bank v. ATG Construction Management, Inc.

The opinion of the court was delivered by

Herd, J.:

This is an appeal from three real estate foreclosure proceedings which were consolidated for discovery and trial.

Between September 1983 and July 1984, the plaintiff/appellee Southwest National Bank of Wichita (Bank) made several construction loans to ATG Construction Management, Inc., (ATG) to enable ATG to build single-family dwellings. Six of these loans went into default and on October 15, 1984, the Bank filed four foreclosure actions in the Sedgwick District Court. (Nos. 84-C-2840, -2841, -2842, and -2843.)

On that same date, the court held…