That is up-charging and up-charging is a violation of RESPA and I can speak from experience. One of my first tasks after being hired was to clean up a reimbursement order. Our vendor lowered their price and no one made the adjustment in the system and I had to scrub 2 years (back to the date the price was lowered) of files and make appropriate refunds. Needless to say my first 60 days here was not fun.
The opinions expressed are mine and they are not to be taken as legal advice.