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IN THE COURT OF APPEALS OF IOWA No. 1-748 / 10-1876 Filed November 23, 2011 QUAD CITY BANK AND TRUST COMPANY, an Iowa Banking Corporation, Plaintiff-Appellee, vs. JDHP DEVELOPMENT, L.L.C., an Iowa Limited Liability Company; DJP PARTNERS, LTD, a Colorado Limited Partnership; DAVID J. PETERSEN; and JASON J. HARDER, Defendants, and MAXWELL CONSTRUCTION, INC., an Iowa Corporation; and STREB CONSTRUCTION CO., INC., an Iowa Corporation, Defendants-Appellants. ________________________________________________________________ Appeal from the Iowa District Court for Johnson County, Marsha M. Beckelman, Judge. Parties holding mechanic's liens on foreclosed property appeal a district court's ruling approving the sale of the property under Iowa Code section 654.17A. APPEAL DISMISSED AS MOOT. Alison Werner Smith and John W. Hayek of Hayek, Brown, Moreland & Smith, L.L.P., Iowa City, for appellants. Candy K. Pastrnak and Thomas J. Pastrnak of Pastrnak Law Firm, P.C., Davenport, for appellee. Heard by Sackett, C.J., and Vogel and Eisenhauer, JJ.

2 VOGEL, J. Two parties holding mechanic's liens on real estate in a pending foreclosure action appeal a district court ruling approving the sale of the property as "commercially reasonable" under Iowa Code section 654.17A. Subsequent to the lienholders filing their notice of appeal, the Bank applied for, was granted, and posted bonds to release the mechanic's liens from the foreclosed property under Iowa Code section 654.9A. The district court then discharged the liens. As the bonds have been substituted for the real estate, the objection to the sale of the property is now moot, and we dismiss the appeal. I. Background Facts and Proceedings On August 19, 2010, Quad City Bank and Trust Company (the Bank) filed a petition to foreclose a mortgage it held on real estate owned by JDHP Development, L.L.C. Maxwell Construction, Inc. (Maxwell) and Streb

Construction Co., Inc. (Streb), both lienholders, were named as defendants. The petition elected foreclosure without redemption under Iowa Code section 654.20 (2009), with sale of the real estate to occur unless a written demand to delay the sale was filed with the court. Contemporaneous with the filing of the petition, the Bank applied for a district court order approving an offer to purchase seventeen of the lots that were subject to foreclosure based on a promissory note and mortgage given to the Bank from JDHP.1 Notice of this application was provided to Maxwell and Streb, as each party had previously filed a mechanic's lien for

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Iowa Code section 654.17A sets forth the procedure that a plaintiff may use to apply to the court "for an order approving an offer for a commercially reasonable sale of the property free of the claims of the parties to the action and other persons served with notice pursuant to section 654.15B." Iowa Code

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