Thomas and Courtney Burke wanted to pay down their mortgage when they refinanced the loan. But a con artist who impersonated an employee for their lender, Nationstar Mortgage, tricked them with emails that included phony instructions for what was supposed to be an electronic transfer of $137,341 to the escrow agent, a Nationstar affiliate named Title365.Suffering a net loss of around $35,000, the Burkes sued Nationstar and Title365. Ruling on the defendants’ motions to dismiss, U.S. District Judge Steven C. Seeger …