SEC Files MBS Fraud Charges Against Radius Capital Corporation and Its Owner – NMP Skip to main content

SEC Files MBS Fraud Charges Against Radius Capital Corporation and Its Owner

Mar 09, 2011

The Securities & Exchange Commission (SEC) has announced that it filed a civil injunctive action against Robert A. DiGiorgio of Cape Coral, Fla., and his company, Radius Capital Corporation, charging them with securities fraud for making false and misleading statements relating to Radius’ issuance of mortgage-backed securities (MBS) guaranteed by Ginnie Mae. The SEC’s Complaint, filed in the U.S. District Court for the Middle District of Florida, alleges that from December 2005-October 2006, Radius and DiGiorgio offered and sold 15 Ginnie-Mae guaranteed MBS to investors totaling approximately $23.5 million. According to the Complaint, Radius and DiGiorgio represented to Ginnie Mae, and to investors in 15 separate prospectuses, that the residential loans underlying the securities were, or would be, insured by the Federal Housing Administration (FHA) as required to receive Ginnie-Mae’s guarantee. The SEC alleges that Radius and DiGiorgio’s representations about the insurability of the underlying loans were false and misleading as the vast majority, more than 100 of the 154 underlying loans, were not, and could not, be FHA insured. According to the complaint, Radius never even applied for FHA insurance for most of the uninsured loans and failed to submit the upfront mortgage insurance premiums (UFMIP) it had collected from borrowers at closing to the FHA which were required for the loans to be insured. Even if Radius and DiGiorgio had applied for FHA insurance and properly submitted the mortgage insurance premiums, the uninsured loans could not have been insured because the borrowers failed to meet FHA’s debt-to-income, credit history, employment history, and other underwriting requirements. The SEC alleges that many of the mortgages backing Radius’ securities quickly fell into default. In October 2006, Radius correspondingly defaulted on its pass-through payments to the investors holding the MBS. As a result, Ginnie Mae was required to pay investors the remaining principal balance on each uninsured loan that was in default, thereby incurring several million dollars in losses. In addition, investors holding the Radius securities lost interest income due to the unexpectedly high rate of prepayment of principal (by Ginnie Mae) as the Radius loans fell into default. The SEC’s complaint charges Radius and DiGiorgio with violations of Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. The SEC is seeking permanent injunctive relief against future violations, a conduct-based injunction preventing Radius and DiGiorgio from offering MBS, disgorgement of ill-gotten gains with prejudgment interest and civil penalties, jointly and severally, against Radius and DiGiorgio.
About the author
Published
Mar 09, 2011
Jobs Report Comes In Weak After Mortgage Rates Surge

Employers added just 29,000 jobs in September, sending Treasury yields lower and offering a potential counterweight to the recent rise in mortgage rates

Oct 02, 2026
Price Cuts Hit Four-Year High As Mortgage Rates Top 7%

More than one in five listings took a price cut in September, but pending sales still posted their sharpest annual decline since March 2025

Oct 01, 2026
Serious Mortgage Delinquencies Rise 19% After Five Months Of Improvement

ICE data shows 574,000 mortgages were at least 90 days past due in August, while early-stage delinquencies remained below year-ago levels

Sep 29, 2026
Smaller Down Payments Give Buyers More Room, But Rates Limit The Savings

The typical down payment fell 9% from a year ago, while shifting market conditions are giving originators different affordability conversations across the country

Sep 25, 2026
Mortgage Rates Break 7% Just As Builders Find A Way To Move Buyers

New-home sales rose 6.4% in August as builders cut prices, offered incentives, and sold more lower-priced homes. Now mortgage rates are moving against buyers again

Sep 25, 2026
Borrowers Want Digital Closings, But Some Originators Remain Hesitant

ServiceLink finds 45% of surveyed LOs cite borrower reluctance as a barrier, even though most recent buyers say digital options would influence their choice of mortgage provider

Sep 23, 2026