I would tend to agree. I am not certain that RESPA creates a right to a private cause of action for nonpayment of services. I think that the proper remedy would be a suit for contract breach, unjust enrichment, statutory unfair trade practices...possibly fraud (but it is tougher to prove). In Connecticut the burden of proof for fraud is heightened from a preponderance of the evidence to clear and convincing evidence.

However, take a shot and see what HUD tells you. If it is found to be a criminal offense. There may be some relief for you under a crime victims recovery law.