Look to the Commentary for 226.4(a)(2)(2):
Required closing agent. If the creditor requires the use of a closing agent, fees charged by the closing agent are included in the finance charge only if the creditor requires the particular service, requires the imposition of the charge, or retains a portion of the charge. Fees charged by a third-party closing agent may be otherwise excluded from the finance charge under §226.4. ........
If the charge is also charged in a similar cash transaction you may exclude it only if you do not require the use of the closing agent or if it is otherwise excluded under 226.4(c)(7).
The opinions expressed are mine and they are not to be taken as legal advice.