A lender shall not charge and retain fees paid by the borrower in making a covered loan which are:
(1) For services that are not actually performed;
(2) For loan discount points which are not bona fide discount points; or
(3) In violation of the Real Estate Procedures Settlement Act of 1974, approved December 22, 1974 (88 Stat. 1724; 12 U.S.C. § 2601 et seq.).