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 ยง226.4. ........
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).
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The opinions expressed are mine and they are not to be taken as legal advice.