Contractor paid the deductible on my builders risk policy to get the work redone. 

If your tax returns show the net income (after deductions) you need to qualify and everything else on your loan application looks good, it should be easy to get the loan funded. 

Meaning, do I have to wait 5 years to be eligible to re-sell it?

But still, interest is returned back to your account,  so trying to deduct it on your taxes seems sketchy.  

Dee, since Solo 401k plan is a tax-deferred retirement account, it does not affect your personal tax return, there are no depreciation deduction and you all income and gains are sheltered from taxes. 

You can finance up to 10 purchases with a good bank or portfolio lender who understands investment property and landlord issues.Since you've had your properties for over two years you'll get credit for all the rents you claim on your taxes and get back many of your deductions on the expenses of the properties as well.

Your commission and 2106 will be averaged over 2 years (unless it's declining) and the 2106 expenses will be deducted from your income. 

We've talked with an attorney about getting the record sealed but at this point my understanding is that he would not be eligible. 

If you have a legitimate claim that will hurt your pocket book, put it in, just know there are some considerations such as deductibles and depreciation.  

You'll likely need two (or more) classes of membership interests, and possibly more depending on how each element of the interest is being divided (voting rights, equity split, tax deductions, long vs. short term capital gains, etc).