LV REAL ESTATE STRATEGIC INVESTMENT GROUP LLC NEVADA LIMITED LIABILITY COMPANY v. BANK OF AMERICA NATIONAL BANKING ASSOCIATION (2025)

ORDER DISMISSING APPEAL

This is an appeal of a district court order dismissing a complaint, denying reconsideration, dissolving injunction, and expunging lis pendens. Eighth Judicial District Court, Clark County; Gloria Sturman, Judge.

Respondent has filed a motion to dismiss this appeal as moot. Respondent argues that the property at the heart of this dispute was sold in December 2023, that appellant failed to redeem the property within one year, and that appellant now lacks standing to assert a right to quiet title due to losing its interest in the property. Appellant opposes the motion, and respondent has filed a reply. Appellant does not dispute that the one-year redemption period applied to the sale. Rather, appellant argues that it may have a future right to request that the sale be set aside, depending on the outcome of the issues on appeal. The record does not show that appellant moved any court to set aside the sale or otherwise provide injunctive relief following the sale. Appellant fails to provide relevant authority that would excuse it from the one-year redemption period.

Mootness concerns a question of justiciability, and a case on appeal is moot when the court can no longer grant relief affecting the matter before it. Personhood Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010). “Cases presenting live controversies at the time of their inception may become moot by the occurrence of subsequent events.” Univ. & Cmty. Coll. Sys. of Nev. v. Nevadans for Sound. Gov't, 120 Nev. 712, 720, 100 P.3d 179, 186 (2004).

In this case, the subject property went through a foreclosure sale, and appellant did not redeem its rights to the property within one year. NRS 21.210. When no redemption is made within one year, the purchaser is entitled to conveyance of the property. NRS 21.220. To sustain an action to quiet title, appellant must have title to the property. Daly v. Lahontan Mines Co., 39 Nev. 14, 23, 151 P. 514, 516 (1915), aff'd on reh'g, 39 Nev. 14, 158 P. 285 (1916). After completion of the foreclosure sale, appellant maintained its right to the property as a redemptioner, but the right to claim title “expired when [appellant] failed to redeem ․ within the time allowed by the statute.” Id.

Though the foreclosure sale occurred before commencement of this appeal, the passing of the redemption period without action by appellant is a subsequent event that renders this appeal moot due to appellant losing its interest in the property. Accordingly, we grant respondent's motion and

ORDER this appeal DISMISSED.

cc: Hon. Gloria Sturman, District Judge

Persi J. Mishel, Settlement Judge

Hong & Hong

Akerman LLP/Las Vegas

Eighth District Court Clerk

Parraguirre, J.