Louise S. Melchor practices in the areas of commercial finance and creditors' rights . She represents national and regional banks, and non-bank lenders, in all stages of financing, including loan documentation, workouts and loan restructuring, and asset recovery and related litigation.
Ms. Melchor’s litigation skills include representing lenders in commercial mortgage foreclosures, receivership appointments, fair market value hearings, confession of judgment actions and other loan document enforcement actions, and lender liability matters, in court and mediation settings. Her transaction practice includes representing clients in asset based, construction, and commercial real estate loan transactions, for single lender and syndicated loans. Ms. Melchor also represents business borrowers in commercial financings.
Prior to practicing law, Ms. Melchor worked in consulting, and brings this business oriented and project management skill set to her matters.
Ms. Melchor is a 2006 graduate of Temple University Beasley School of Law, where she was a member of the Environmental Law Moot Court team, which received the award for Best Brief at the national Pace University Environmental Moot Court competition. Ms. Melchor is also a graduate of the University of Pennsylvania (B.A.) and Drexel University (M.S.).
Areas of Practice
- Commercial Real Estate Financing Transactions
- Bankruptcy and Creditors' Rights Litigation
- Franchise Financing
- Commercial Litigation
- Counsel to state-chartered bank in defense of claims by real estate investor/ developer, including breach of good faith and fair dealing, fraudulent misrepresentation, and violations of the New Jersey Consumer Fraud Act, resulting in settlement satisfactory to client.
- Counsel to national bank in foreclosure litigation matters where borrowers asserted defenses, including fraud and duress in connection with the underlying loan; won motions striking defenses, allowing the foreclosures to proceed as uncontested matters.
- Counsel to lender in bankruptcy litigation on issue of non-dischargeability of debt due to borrower fraud and misrepresentation in the loan transaction, resulting in dismissal of case.
- Counsel to lenders in numerous confessed judgment actions in Pennsylvania, including defense of motions to strike/open judgments.
- Counsel to lenders in numerous commercial mortgage foreclosure actions, including review of title work, subsequent workouts or Sheriff sales, defense of motions to postpone sheriff sales, and petitions to fix fair market values post-sale.
- Counsel to lender in foreclosure matter where defendant became incapacitated during proceedings — obtained court appointed guardian ad litem to allow matter to proceed.
- Counsel to lender in receivership proceeding related to foreclosure action -obtained court order providing for turnover of rents pending sheriff sale of property, following evidentiary hearing.
- Counsel to lenders in quiet title actions to obtain reinstatement of erroneously discharged mortgages, and reformation of mortgages due to incomplete legal descriptions.
- Counsel to mortgage loan servicer in Federal Court action where plaintiff alleged violations of the Fair Debt Collection Practices Act (FDCPA) and the Unfair Trade Practices and Consumer Protection Law (UTPCPL)- obtained order dismissing all claims against client.
- Counsel to lender in mediation and global settlement of foreclosure actions involving multiple mortgaged properties in PA and NJ, and title claim dispute- obtained resolution satisfactory to client.
- Counsel to loan investor in litigation to recover collateral — obtained summary judgment, based on defendants' discovery admissions and responses to interrogatories, in a contested foreclosure action where the defendants asserted numerous affirmative defenses including an allegation of lack of standing in connection with the assignment of the loan.
- Represented national bank in participations in syndicated subscription credit facilities.
Represented national bank as participant lender in $415 million syndicated construction loan, secured by leasehold mortgage in New York City.
- Represented national bank in participations in syndicated loans secured by commercial real estate, including portfolio of seven hotels, retail center in NYC, and 1.5MM SF office building in Boston’s financial district.
- Represented BankUnited,N.A. as agent and lender in an $87MM syndicated loan transaction, to refinance senior secured debt of the owners and operators of five skilled nursing facilities located in PA and NJ, and related revolving loan facility for working capital.
- Counsel to KeyBank National Association as Administrative Agent, Collateral Agent, and Lead Arranger in an $85 million syndicated lending facility to one of the mid-Atlantic's largest contracting and construction companies and its affiliates, involving a 33-property portfolio, including quarries and related mineral rights issues, across PA, NJ, DE and MD.
- Counsel to lender providing debtor-in-possession financing in the chapter 11 bankruptcy reorganization of a large regional construction company.
- Counsel to lenders in documentation and closing of numerous construction lending commercial real estate loan facilities, asset based loan facilities, and franchise financing, for single lender and syndicated loans.
- Counsel to lender in connection with workout of $10MM loan facilities secured by preferred ship mortgages against fishing vessels.
- Counsel to lender in connection with workout of $14MM construction loan secured by gas production plant, involving mechanics lien claims.
- New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the District of New Jersey
- New York University, Stern School of Business FinTech Certificate, 2019
- Temple University Beasley School of Law, J.D., 2006
- Pace University National Environmental Law Moot Court Competition, Recipient of David Sive Award for Best Brief Overall
- Dean's List
- Recipient of Law Faculty Scholarship
- Drexel University, M.S., 1995
- University of Pennsylvania, B.A., 1993
- Duane Morris LLP
- Associate, 2011-present
- Deeb Petrakis Blum & Murphy, P.C.
- Associate, 2006-2011
- CH2M Hill
- Project Manager/Environmental Engineer, 1999-2005
- New Castle County, DE
- Environmental Engineer, 1995-1998
- Pennsylvania Bar Association
- Quality of Life / Balance Committee
- Commission on Women in the Profession, Member
- National Association of Women Lawyers
- Financial Services Affinity Group Member
- Philadelphia Bar Association
- Licensed Professional Engineer, District of Columbia
Civic and Charitable Activities
- Strive for College mentor
- Pro bono attorney, Senior Law Center
- Volunteer at Bartram's Garden Community Boathouse
- Contributor, Duane Morris Banking Law Blog
- Co-author, "City of Philadelphia Requests Proposals to Implement Online Auction for Sale and Assignment of Delinquent Real Estate Tax Liens," Duane Morris Alert, May 6, 2015
- Author, "Pennsylvania Mechanics' Lien Law Amended, Clarifying Open-End Construction Loan Mortgage Priority," Duane Morris Alert, July 15, 2014
- Co-author, "Revised Common Level Ratio for Philadelphia May Entitle Certain Taxpayers to a Refund," Duane Morris Alert, February 20, 2013