Lane

Appellant Jesse Lane bought a house from Residential Funding Corp. (“RFC”). RFC also provided the mortgage loan. RFC required Lane to use Appellee Chicago Title Company’s (“Chicago Title”) title insurance and escrow services. Lane brought this action, alleging that Chicago Title’s pricing arrangements with RFC violate the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601-2617 . He contends that certain discounts are prohibited kickbacks, which reward RFC for referring business to Chicago Title.

The district court granted Chicago Title’s motion for summary judgment. Lane now appeals the judgment against him. Chicago Title cross-appeals the district court’s decision refusing to award Chicago Title attorneys fees. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

In September 1995, Jessie Lane purchased a single-family residence in Oakland, California from RFC. RFC also provided a mortgage loan secured by a hen on the real property. As a condition of sale, RFC required Lane to use Chicago Title’s escrow and title insurance services. Lane asked to use another company, but RFC refused and would not proceed with the sale unless Lane agreed to use Chicago…