Paul:

This is obviously a question better asked of your attorney. At least here in California, the court-appointed trustee in such situations is required to ensure that the home sale is completed on time and that there are no impediments to the successful completion of the transaction (including providing a vacant home to the buyer). Keep in mind, however, that I've not known many times when the identify of the buyer is not made known to both sellers, so your attempts to keep this purchase secret may be for naught since you'll both have to execute papers to sell the home.

Again, I would strongly suggest discussing this matter at length with your attorney before proceeding with the purchase.

Sincerely,
Grace Morioka, SRES, e-Pro
Area Pro Realty
San Jose, CA