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A Bowie couple is suing Wells Fargo bank, alleging the bank should have known they could not afford the second mortgage they agreed to for their home.

In court papers filed June 29 in U.S. District Court in Greenbelt, homeowners Mountaga and Michelle Bah accuse the bank of pushing them into foreclosure by marketing a $30,000 second mortgage to the couple in 2000 and raising their monthly payments by about $700, which they were unable to pay.

According to court documents, the Bahs have asked for "legal and equitable relief as may be appropriate," though lawyers hope that will include a chance to renegotiate with the lender.

The lawsuit is the latest of hundreds in the region that homeowners have filed in the past year to put off losing their homes, legal aid lawyers said. From April to June, there were 3,427 default and foreclosure filings in Prince George's County according to a state report, making up roughly 36 percent of Maryland's documented foreclosure events.

In court papers, the couple's lawyer, Mary Goulet, argues that Wells Fargo knowingly approved the second loan knowing it would push them over their ability to pay and lead them to foreclosure.

"It's clear to me and it would be clear to any bank that's underwriting a loan that the Bahs did not win the lottery in 2000. They didn't suddenly have this extra money to take out a second mortgage."

The argument is known in legal circles as the "unclean hands" doctrine. Under Maryland law, contracts can be changed or nullified if one group negotiated a deal in bad faith, which Goulet is alleging.

"If you, as a bank, create a situation where you have pushed their finances into foreclosure, then you have unclean hands," said Goulet, who is representing the couple for free.

Goulet said her office took on the pro bono case at the request of state officials, who have been urging lawyers to take on clients facing foreclosure for the last two years.

The argument has been used frequently by pro-bono attorneys in the region since foreclosures began to increase in 2006. The lawsuits generally are filed in local district courts, but in the case of the Bahs, the lawsuit was filed in federal court because Wells Fargo's headquarters is not located in Maryland. In most cases, it has led banks to renegotiate with homeowners, said Vicki Taitano, a lawyer for the Riverdale office of the Maryland Legal Aid Bureau in Prince George's County.

"We've filed several in Prince George's County, but they've never gotten before a judge," said Taitano, who said banks usually choose to renegotiate with owners before a case goes to court and avoid foreclosure.

Legal experts said the lawsuits are being used to get people to the table because often homeowners and banks cannot seem to get together. A report from the U.S. Treasury Department issued Tuesday states that only 15 of every 100 families who are eligible for a modification of their mortgage have been offered one.

"That's 85 distressed families left with the prospect of losing their home for every 15 offered a helping hand," said Kathleen Day, spokeswoman for the Center for Responsible Lending, a consumer watchdog group.

The group is calling for the U.S. government to establish a new consumer protection agency to help distressed homeowners modify their unaffordable mortgages, and for giving judges greater power to modify mortgages on behalf of residents.

Day agreed that her group has seen more cases of homeowners filing suit to force lenders to the table but did not have statistics.

"Anecdotally, we've had cases where either they are suing because they haven't been given a modification or that the original loan was a bad one," she said.

Attorneys representing Wells Fargo in the lawsuit declined to comment. But in court papers, lawyers for the bank have argued that the complaint lacks merit.

In papers filed July 16, Wells Fargo attorney Elizabeth Finberg said the complaint by Goulet "lack[s] factual and legal support and was filed in bad faith for the purpose of harassment."

Finberg asked the court to fine Goulet $5,000.

The bank has come under greater scrutiny this year amid allegations that it targeted black communities for unaffordable loans during the housing boom. In papers filed by Baltimore city in June, former Wells Fargo Bank employees allege the bank set up a special sales unit that targeted black communities for subprime loans. That case is still pending in Baltimore federal court.

Goulet said that case may be used in her arguments for the Bahs if the case moves to trial.