EXHIBIT 5.2 [LETTERHEAD OF PIPER & MARBURY APPEARS HERE] April 30, 1996 Capstead Mortgage Corporation 2711 North Haskell Avenue Suite 900 Dallas, Texas 75204 Ladies and Gentlemen: We have acted as special Maryland counsel for Capstead Mortgage Corporation, a Maryland corporation (the "Company"), in connection with Post- Effective Amendment No. 1 to the Registration Statement on Form S-3 (File No. 33-57164) which was filed by the Company under the Securities Act of 1933, as amended (the "Registration Statement"), and which registers certain shares of the Company's $1.26 Cumulative Convertible Preferred Stock, Series B, par value $0.10 per share (the "Series B Preferred Stock"), to be issued pursuant to the Company's Series B Preferred Stock Dividend Reinvestment Plan (the "Plan") and an indeterminate number of shares of the Company's Common Stock, $0.01 par value per share (the "Common Stock") into which the Series B Preferred Stock is convertible. In that capacity, we have reviewed the charter and by-laws of the Company, the Registration Statement, the corporate action taken by the Company that creates the Plan and provides for issuance of up to 1,500,000 shares of the Series B Preferred Stock pursuant thereto and the Common Stock into which such shares are convertible, and such other materials and matters as we have deemed necessary to the issuance of this opinion. Based upon the foregoing, as of the date hereof, we are of the opinion that up to 1,500,000 shares of the Company's Series B Preferred Stock and the Common Stock into which such shares are initially convertible have been duly and validly authorized and, upon issuance or delivery thereof as contemplated in the Registration Statement, will be, under the general corporate law of the State of Maryland, legally issued, fully paid and non-assessable. PIPER & MARBURY L.L.P. Capstead Mortgage Corporation April 30, 1996 Page 2 This opinion is solely for the benefit of the addressee hereof, and, without our prior written consent, may not be quoted in whole or in part or otherwise referred to in any legal opinion, document, or other report, and may not be furnished to any person or entity except that Andrews & Kurth L.L.P. is authorized to rely on this opinion in rendering its opinion to be filed as an exhibit to the Registration Statement. We consent to the filing of this opinion as an exhibit to the Registration Statement and to the reference to our firm and to our opinion in the Registration Statement and Prospectus which is part thereof. This opinion is delivered as of the date hereof and we disclaim any responsibility to update this opinion at any time following the date hereof. Very truly yours, /s/ PIPER & MARBURY L.L.P.