I am actively working on a buyer and a personal money lender list. 

This one will be interesting, in mountain view and it is very active. https://www.meetup.com/San-Jose-Real-Estate-Networking-Club/...

They are actively participating and easy to reach. 

Right now treating it as interest but would like to make it active income to do a solo 401k .

Uses the syndication depreciation losses to help offset active incomeI did read your post mentioned above @Michael Plaks which is very informative.

Problem is only "RE pros" get to do it.There are 3 income classifications in the US - Active, Portfolio, and PassiveActive income is income derived from your job, or normal trade or business.Portfolio income is derived from bank instruments - stocks, bonds, etc.Passive income is income earned from investments.Active losses can wipe out both passive and portfolio income, but it doesn't work the other way around.Portfolio (capital) losses are limited to $3,000 annually.Passive losses can only be offset by passive gains.Real estate rental income by its nature is deemed passive per IRC Sec 469One way to get around it is to become a pro - spend more than 750 hours or 1/2 your time in real estate.But most folks aren't real estate pros.

Also the Adelson family of Las Vegas Sands fame have purchased a couple of big parcels with hopes to build a giant casino/convention resort perhaps anchored by the arena for the Mavericks for which they also just purchased majority ownership from Mark Cuban. 

At this point with Whalen the fall guy for the criminal activity its my opinion that Clayton and wife while going through a great deal of drama and trauma being the focus of so much civil litigation and public assassination on social media   will just live out their lives here in this country hardly any kind of exile.. 

Even my seasoned and great landlords are going to have major issues with this.

I suspect this would happen if various parties were given the ability to ask questions in nearly every application for what this thread touches on - and I have major concerns about integrity (and credibility) issues involved in putting yourself in a position to defend this position if ever challenged.