Bauman V. Day

After discovering permafrost on land that they purchased from James Day and Helen Day (the Days), Robert Bauman and Judy Bauman (the Baumans) stopped making payments on the promissory note with which the purchase was financed. The Days started foreclosure proceedings on the deed of trust that secured the note. On the day of the foreclosure sale, the Baumans filed a complaint alleging fraud and breach of contract as to the original transaction. The superior court set aside the foreclosure and ordered the Baumans to pay a "cure" amount to cover the missed payments and other costs. Later, the superior court dismissed the Baumans' fraud and contract complaints on the ground that the statute of limitations for each cause of action had run. The Baumans appeal, inter alia, the dismissal of their fraud and contract claims and the denial of their motion to file a second amended complaint. The Days cross-appeal the setting aside of the foreclosure sale.